Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27159
THIRD DIVISION Docket No. MW-27456
88-3-86-3-698
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:
(Union
Pacific
Railroad Company
STATEMENT OF CLAIM: "Claim
of
the System Committee
of
the Brotherhood that:
(1) The 30 days
of
suspension imposed upon Extra Gang Foreman A. R.
Boyd for alleged violation
of
General Rules 'A', 'B' and 'I', Rule 1510 and
Safety Rules 4000, 4001, 4005 and 4008, was on the basis of unproven charges
and at a hearing that was neither fair nor impartial (System File
C-43/013-210-B).
(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.
There is no dispute about the facts of this case. On July 18, 1985,
Claimant, who was assigned as an Extra Gang Foreman, inadvertently struck
Carpenter B. Loffredo with a sledge hammer. Claimant was cited with the violation of several rules a
result of that investigation, he was given a thirty-day suspension.
The Board has reviewed the record of this case and has fully considered the organization's argum
the handling of the investigation. We find that Claimant was granted a full
and fair hearing and that he was not denied any rights guaranteed by Agreement. At no time before, d
position prejudiced by Carrier's handling of the case.
Form 1 Award No. 27159
Page 2 Docket No. MW-27456
88-3-86-3-698
Claimant's past record contains five prior instances of discipline,
including two for safety-related matters. Under the circumstances, the
discipline imposed is not arbitrary or capricious.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. D qV- Executive Secretary
Dated at Chicago, Illinois, this 23rd day of June 1988.