Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29295
THIRD DIVISION Docket No. SG-29806
92-3-91-3-179
The Third Division consisted of the regular members and in
addition Referee Hugh G. Duffy when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM: "-1aim on behalf the General Committee of the Brotherhood
o= Railroad Signalmen on the Norfolk and Western Railway
Company (NSW):
A. Carrier violated the rules of the Signalmen's Agreement, in
particular Article VII, when, on April 2, 1990, Carrier assessed Mr. Duncan a
30-day actual suspension, plus the amount of $98.05, without just and sufficient cause, on the basis
B. Carrier should now pay Mr. Duncan for all time and benefits lost,
the amount of $98.05 which Mr. Duncan submitted to Carrier, and clear his
personal record of any reference to this matter." Carrier file SG-BLUE-90-1.
BRS Case No. 8231.N&W.
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier 3r 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.
Claimant was charged with violating General Rule L, which provides in
pertinent part that -Unauthorized possession, removal or disposal of any material from railroad prop
At the Heariag held on the charge, it was developed that the Claimant, while on duty, had given some
employed to take down and remove some out-of-service wire. He later removed
some copper wire left by the contractor and sold it to an outside vendor as
scrap for $98.05. He testified that the contractor had given him permission
to remove the wire. Subsequent to the Hearing, Claimant was found guilty of
the charge and assessed the penalty of a 30-day suspension; he was also
required to remit the proceeds of the sale to the Carrier.
Form 1 Award No. 29295
Page 2 Docket No. SG-29806
92-3-91-3-179
The Board finds that Claimant received a fair and impartial Hearing,
and that there was substantive evidence that he was guilty as charged. General Rule L is clear and u
belief that someone else owned material which was on railroad property and had
given it to him is immaterial to enforcement of the Rule. We therefore find
no reason to disturb the Carrier's decision in this matter.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:i
Nancy J. -Executive Secretary
Dated at Chicago, Illinois, this 24th day of July 1992.