Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27151
THIRD DIVISION Docket No. MW-27239
88-3-86-3-549
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(New Orleans Public Belt Railroad
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The five (5) days of suspension imposed upon Trackman A. Thomas,
Jr. for alleged failure to follow instructions, being loud, boisterous and
insubordinate to Section Foreman E. B. Cantrell on September 5, 1985 was
arbitrary, capricious and on the basis of unproven charges.
(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 employees 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, a Trackman, was assessed a five-day suspension by his
Foreman for allegedly failing to follow instructions and being loud,
boisterous, and insubordinate. Following a hearing on September 24, 1985, the
decision was sustained.
This Board has reviewed the entire record of this case and finds that
while there is evidence to indicate that Claimant acted inappropriately on
September 5, 1985 when told by his Supervisor to come over to him, a letter of
reprimand would have been sufficient in this instance to impress upon Claimant
the need to modify his behavior. Accordingly, the five day suspension issued
Claimant shall be reduced to a Letter of Reprimand, and Claimant shall be
allowed five days' pay at the Trackman's pro rata rate. We also note that
Carrier omitted mention of Claimant's prior record until its submission to
this Division. This information should have been made a part of the record on
the property.
Form 1 Award No. 27151
Page 2 Docket No. NW-27239
88-3-86-3-549
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. v - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of June 1988.