Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27491
THIRD DIVISION Docket No. MS-27048
88-3-86-3-103
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(D. L. Gottsabend
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"In accordance with Section 3 First (j) of the Railway Labor Act, and
in reference to CR-1325 I would like to make a further statement on my behalf.
The 5101 stated that I was observed by C. G. McMahon throwing engine
parts. In addition to the grievance in which I gave a statement on what actually did occur, I would
parts fall to the floor during disassembly. On 9-12-84, the day of said infraction, an injury requir
to the incident in question. While attempting to do my job with the injury
the housing popped off and fell to the floor. A visit to the company Doctor
the same day determined I should be on light duty for two weeks due to the
injury to my finger.
In reference to the attached employee statements; (Summers and Pfiffner) when disassembling an engin
varying degrees of difficulty. Some parts are removed with minimal exertion,
others require the use of rubber malletts, steel hammers, slide hammers,
sledge hammers, acetyline torches and various pullers. In my thirteen (13)
years of railway service, all of these methods of removal of parts have been
and still to this day are being used at Canton Maintenance of Ways Shop.
In reference to the letter from G. F. Bent, Senior Director-Labor Relations, I have underlined and h
observation is a gross misinterpretation of his imagination and a slander to
my service reputation.
In defense of the statement where Mr. MaMahon reportedly observed me
kicking and throwing an engine thermostat housing and outlet cap, I have
attached employee statements (Bowles and Taczak) for your review.
In conclusion, as a dues paying member of the Brotherhood of Maintenance of Way Employes, and to avo
National Railroad Adjustment Board.
Please advise of outcome."
Form 1 Award No. 27491
Page 2 Docket No. MS-27048
88-3-86-3-103
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.
The Claimant is a Maintanance of Way Repairman at the Canton Shops.
On September 12, 1984, an Assistant Superintendent completed a Form S-101,
Safety Training Observation Program, which read as follows:
"Mr. Gottesbend was observed throwing engine
parts on floor for no apparent reason."
The Claimant took issue with this statement and initiated a Claim.
In his presentation to the Board, the Claimant requests that the Board "review" the matter. No speci
the Carrier. Since there is no evidence that this is a matter involving "interpretation or applicati
working conditions", as specified in Section 3, First (i) of the Railway Labor
Act, the Board finds it has no jurisdiction to undertake the "review" requested by the Claimant.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy er - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of September 1988.