Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27591
THIRD DIVISION Docket No. MW-27463
88-3-86-3-704
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher 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 discipline (30 demerits) imposed upon Sectionman K. R. Konkle
for alleged violation of General Rules 'A' and 'I' and Safety Instructions
4000, 4001 and 4017(A) on June 25, 1985 was unwarranted and without just and
sufficient cause (System File D-44/013-210-K).
(2) The thirty (30) demerits shall be expunged from the claimant's
record and he shall be compensated for all wage loss, if any, 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.
Following an Investigation, which was properly conducted and at which
substantial evidence was developed to support the charges placed against Claimant, he was discipline
of Carrier's General Rules and Safety Instructions. The discipline assessed
is not inappropriate to the nature of the violation. Claimant was injured
when he improperly dismounted from the vehicle and at his Investigation admitted that he exercised p
proscription and knew better. Accordingly, we have no basis to modify the
discipline.
A W A R D
Claim denied.
Form 1 Award No. 27591
page 2 Docket No. MW-27463
88-3-86-3-704
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
0000
Attest:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois this 27th day of October 1988.