Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27805
THIRD DIVISION Docket No. MW-27043
89-3-86-3-84
The Third Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The reprimand imposed upon Repairman A. Edgell by an 'Absentee
Discussion' dated November 2, 1984 by Shop Engineer F. Bucceri and Equipment
Engineer J. E. Jones was improper and in violation of the Agreement (System
Docket CR-1323).
(2) Said 'Absentee Discussion' shall be expunged from the claimant's
personal record."
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.
On November 2, 1984, the Claimant, a Repairman at the Carrier's
Canton Repair Shop, met with the Shop and Equipment Engineers. His absences
of October 3 and 23, 1984, plus leaving work on October 9, 1984, were discussed. A form copy entitle
was prepared and placed in the Claimant's shop records. A claim was filed on
November 26, 1984, contending a written reprimand had been issued. The
Organization argues this discipline was issued without benefit of a hearing as
required by Rule 27, Section 2. The Organization insists there is only one
condition under which an employee may be disciplined by reprimand without a
hearing and that is when the employee, Organization, and the Carrier agree in
writing to the employee's responsibility and discipline imposed.
The Carrier argues the record of November 2, 1984, is simply documentation that the Claimant was
Form 1 Award No. 27805
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Rule 27 is set forth below in pertinent part:
"Rule 27, Section 1. Hearings
(a) Except as provided in Section 2 of this Rule,
employees shall not be suspended nor dismissed from
service without a fair and impartial hearing nor
will an unfavorable mark be placed upon their dis
cipline record without written notice thereof.
Rule 27, Section 2. Alternative to hearings.
(a) An employee may be disciplined by reprimand or
suspension without a hearing, when the involved
employee, his union representative and the autho
rized official of the company agree, in writing to
the responsibility of the employee and the disci
pline to be imposed."
From the above language, it is clear Rule 27, Section 1 imposes a
positive duty to hold a hearing in cases of suspension and dismissal. It
further provides that an "unfavorable mark" will not be placed upon an employee's discipline record
in referring to an "Unauthorized Absence Letter," the Board equated a reprimand with an "unfavorable
Sections 1 and 2 that the only use of the word "reprimand" is found in Section
2. Since an "unfavorable mark" may be entered into an employee's discipline
record if the employee received written notice, a "reprimand," although not
defined by the parties, may be issued without a hearing if the parties agree
in accordance with the provisions of Section 2. Since an "unfavorable mark"
may be issued without agreement, logic requires a finding the two terms were
not intended to be synonymous.
The Organization has the burden of establishing the Carrier issued
the Claimant a reprimand. As defined by the American Heritage Dictionary, a
reprimand means "to rebuke or censure severely." The document placed into the
Claimant's shop file is no more than a documented recitation of the discussion
and warning given on November 2, 1984. The Claimant was not formally charged
nor accused of an Agreement violation. He was warned his attendance had to
improve. There is no evidence the written documentation of the discussion was
entered into the Claimant's discipline file. Had it, the absentee discussion,
accompanied by written notice, could be characterized as an "unfavorable mark"
as defined by Rule 27, Section 1.
In conclusion, we find the Organization has not backed up its assertions with probative evidence
Form 1 Award No. 27805
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89-3-86-3-84
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Atteat:
6z~~
'Nancy J. 6e r - Executive Secretary
Dated at Chicago, Illinois, this 29th day of March 1989.