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:


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.


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.



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:



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.






                              By Order of Third Division


Attest:
        Nancy er - Executive Secretary


Dated at Chicago, Illinois, this 22nd day of September 1988.