Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27807
THIRD DIVISION Docket No. MW-27092
89-3-86-3-141
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 MW Repairman J. L. Pritchett by a
written record of a 'Safety Discussion' dated November 29, 1984 by Shop
Engineer R. Campitello and Assistant Equipment Engineer M. North was improper
and in violation of the Agreement (System Docket CR-1401).
(2) Said record of 'Safety Discussion' shall be expunged from the
claimant's personnel 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.
The Organization argues the Carrier issued the Claimant a reprimand
on November 29, 1984, without benefit of a hearing as stipulated in Rule 27,
Section 2. The record establishes the Claimant attended a safety discussion
on November 29 with the Shop Engineer and Equipment Engineers. At the meeting, the injuries the Clai
as well as the procedures to be used to avoid injury in the future.
The Board has recently issued Third Division Award 27805 and hereby
adopts the reasoning set forth therein. Accordingly, we find the Organization
has not established by a preponderance of probative evidence that the Claimant
was issued a reprimand by the Carrier. As in Award 27805, the Carrier did not
charge the Claimant or accuse him of an Agreement violation. A warning is
clearly distinguishable from a reprimand and, if entered upon the Claimant's
discipline record, would at most constitute an "unfavorable mark."
Form 1 Award No. 27807
Page 2 Docket No. MW-27092
89-3-86-3-141
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J.
X
v -Executive Secretary
Dated at Chicago, Illinois, this 29th day of March 1989.