Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27018
THIRD DIVISION Docket No. MW-26583
88-3-85-3-333
The Third Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The ten (10) days of suspension imposed upon Casual Driver W. J.
Schoolfield for alleged 'unauthorized absence
...
on March 29 and March 30,
1984' was excessive and without just and sufficient cause (System Docket
CR-884-D).
(2) The claimant's record shall be cleared of the charges leveled
against him and he shall be compensated for all wage loss suffered."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant is employed as a casual driver by the Carrier. On April 3,
1984, Claimant was notified to attend an investigation of the charge:
"Unauthorized absence from your position as
Casual Driver on March 29th and 30th, 1984."
After a postponement, the hearing took place on April 25, 1984; as a result of
the hearing, Claimant was assessed a ten-day suspension. The Organization
thereafter filed a claim on Claimant's behalf, challenging the suspension.
From 1 Award No. 27018
Page 2 Docket No. MW-26583
88-3-85-3-333
This Board has reviewed the evidence and testimony in this case, and
we find that there is sufficient evidence to support the finding that the
Claimant was guilty of unauthorized absence on the dates in question.
Once this Board has determined that there is sufficient evidence in
the record to support the guilty finding, we next turn our attention to the
type of discipline imposed. This Board will not set aside a Carrier's imposition of discipline unles
capricious. In this case, the Claimant received a ten-day suspension for the
offense. Given the nature of the offense and the previous record of the
Claimant, this Board can find no reason to set aside the discipline.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. r -(Executive Secretary
Dated at Chicago, Illinois, this 25th day of April 1988.