Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27990
THIRD DIVISION Docket No. CL-28068
89-3-87-3-831
The Third Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Transportation Communication International Union
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10215) that:
1. Carrier violated the Agreement Rules, particularly Rule 21, when
it applied discipline in the form of a five (5) day actual suspension from
service against Ms. Lillie Fleming, Terminal Car Movement Clerk, Proviso,
account formal investigation held on August 5, 1986, and
2. Carrier shall now be required to clear Claimant's records of the
charges and discipline assessed and to compensate Claimant Fleming for all
time lost account of the involved suspension from service, beginning August
11, 1986, and continuing until she was restored to the service of the Carrier."
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.
A formal investigation was held on August 5, 1986, to determine Claimant's responsibility, if any, f
a train. Following the investigation the Carrier found the Claimant guilty as
charged and assessed a five (5) days actual suspension.
During the progression of this Claim on property the Organization
argued that Claimant had a lack of proper training and preparation. The
Organization maintained that the unintentional job related error was immediately known by the Claima
maintains that the discipline was not in compliance with the Agreement.
Form 1 Award
No.
27990
Page 2 Docket
No.
CL-28068
89-3-87-3-831
This Board's review of the instant case finds no probative evidence
that Claimant lacked sufficient training to properly interchange the train. A
review of the transcript indicates Claimant had previously handled similar
interchanges. The admitted error was not appropriately corrected.
The Board finds no Carrier violation of any Rules of the Agreement.
A review of the Discipline Policy indicates that after continued minor offences an employee may be i
the Discipline System. A review of the Claimant's record indicates that Claimant had received the wr
Discipline Policy when it compares the Claimant's record with that policy.
Finding sufficient probative evidence that Claimant was guilty as
charged and no violation of the established discipline system, the Board will
not interfere with the Carrier's action. The Claim is denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest.
Nancy J r - Executive Secretary
Dated at Chicago, Illinois, this 29th day of June 1989.