Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27785
THIRD DIVISION Docket No. CL-28308
89-3-88-3-74
The Third Division consisted of the regular members and in
addition Referee Paul C. Carter when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10239) that:
CLAIM N0. 1:
(a) Carrier violated the provisions of the current Clerks' Agreement
at Los Angeles, California on/or about May 1, 1987, when it wrongfully assessed the personal rec
(b) The Carrier shall now remove the thirty (30) demerits and any
reference to the formal investigation held on April 15, 1987, from the personal record file of Ms. J
Agreement rules.
CLAIM N0. 2
(a) Carrier violated the provisions of the current Clerks' Agreement
at Los Angeles, California, when it removed Ms. Jan Y. Shabazz from service as
a result of a formal investigation held on May 28, 1987, and
(b) Ms. Jan Y. Shabazz shall now be returned to Carrier service and
paid for all loss of wages and benefits commencing on or about May 28, 1987,
as a result of such violation of Agreement rules."
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 Docket covers two Claims involving the same Claimant that were
handled separately on the property and combined in one Submission to the
Board, resulting in a rather voluminous Docket.
Form 1 Award No. 27785
Page 2 Docket No. CL-28308
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Claim No. 1 involves the assessment of thirty demerits against the
record of Claimant following an Investigation conducted on April 15, 1987, in
which Claimant was found in violation of Rules 2, 14, 15, 16, 17, 35 and 37 of
Carrier's General Rules for the Guidance of Employes, Form 2626 Std., in the
performance of her work on Position 9470/6163 on March 16, 1987.
A copy of the transcript of the Investigation conducted on April 15,
1987, has been made a part of the record. We find that the Investigation was
properly conducted and that none of Claimant's Agreement rights was violated.
The charge of March 26, 1987, was sufficiently precise to enable the Claimant
and her representative to prepare a defense. It met the requirements of the
Agreement. Rules 2, 14, 15, 16, 17, 35 and 37 of Carrier's General Rules for
the Guidance of Employes, cited in the letter of charge of March 26, 1987,
and in Notice of Discipline of May 1, 1987, are set forth in the record before
the Board and will not be repeated here.
We find that substantial evidence was adduced in the Investigation of
April 15, 1987, in support of the charges against Claimant. The discipline imposed of thirty demerit
considered in arriving at the discipline to be imposed for a proven offense.
Claim No. 1 will be denied.
Claim No. 2 involves the dismissal of Claimant from service following
an Investigation conducted on May 28, 1987, on charge of alleged accumulation
of excessive demerits as of May 4, 1987. A copy of the transcript of the
Investigation of May 28, 1987, has been made a part of the record. The Investigation was properly co
violated. The Rules cited as having been violated are set forth in the record
and will not be repeated here, except that part of Rule 31(H) reading:
"A balance of sixty demerits subjects an employe to
dismissal."
Claimant was dismissed from service by letter dated May 28, 1987. The record
shows that at the time of the Investigation of May 28, 1987, Claimant had
sixty or more demerits outstanding counting the 30 demerits assessed and discussed under Claim No. 1
cases of excessive demerits (Third Division Award 26465).
The Brown System of Discipline has been in effect on the Carrier
since 1923. (Second Division Awards 1820, 6362; Third Division Award 26465).
Carrier's action in dismissing Claimant from service for accumulating
excessive demerits was not arbitrary, capricious or in bad faith. Claim No. 2
will be denied.
Form 1 Award No. 27785
Page 3 Docket No. CL-28308
89-3-88-3-74
A W A R D
Claims denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 29th day of March 1989.