Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27510
THIRD DIVISION Docket No. MW-26906
88-3-85-3-681
The Third Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Kansas City Southern Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The thirty (30) days of suspension imposed upon Mechanic R. H.
Chamblee for alleged unauthorized cutting of a hole in a plate attached to
Speed Swing Crane MW 1044 was unreasonable and unwarranted. (Carrier's File
013.31-312).
(2) The Claimant's record shall be cleared of the charge 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.
By letter dated August 29, 1984 the Claimant was notified to appear
at an investigation to be held on September 10, 1984. He was charged with
alleged violation of Rules wherein the Carrier was investigating Claimant's
possible responsibility for cutting a hole in a Speed Swing Crane without
authorization. The investigation was held as scheduled and thereafter Claimant was notified by lette
and was suspended for thirty (30) days.
The record in this case indicates that the Carrier had purchased a
new Pettibone Speed Swing Crane a few months before this incident. The Claimant worked as a mechanic
check transmission fluid, Claimant had to come to the location and remove a
plate held in place by three bolts. A hole was cut in the panel using an acetylene torch so that the
hole had rough jagged edges and was later covered with a door.
Form 1 Award No. 27510
Page 2 Docket No. MW-26906
88-3-85-3-681
It is the position of the Organization that the time lost in getting
to the Pettibone Crane to check the transmission fluid level greatly reduced
productivity. The alteration of the equipment was an aid that did not interfere with the function of
such action were found to have been a violation of Rules, the assessed discipline was harsh.
With respect to the merits of the case, the Board finds substantial
evidence present to warrant a conclusion of guilt. The Claimant admits that
he had no authorization to cut the hole and further admits that he in fact did
cut the hole in the Pettibone Crane notifying the Assistant Roadmaster after
the fact. Claimant is guilty as charged.
Carrier has a right to expect employees under its authority to act
responsibly. Cutting a jagged hole in a nearly new piece of expensive equipment with an acetylene to
action on the part of Claimant. Employees have a responsibility to be careful
in their actions and under the Rules are "prohibited from altering, nullifying, changing design of <
....
railroad property without proper authority
....
The Claimant clearly did not have said authority. His actions were irresponsible and marred a ne
there is no basis for judging the discipline assessed by the Carrier as unreasonable, arbitrary or c
determination in this matter.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. Executive Secretary
Dated at Chicago, Illinois, this 22nd day of September 1988.