NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 30054
Docket No. CL-30688
94-3-92-3-483
The Third Division consisted of the regular members and in
addition Referee Robert G. Richter when award was rendered.
(Transportation Communications International
(Union
PARTIES TO DISPUTE:
(Northern Indiana Commuter Transportation
(District
STATEMENT OF CLAIM: "Claim of the System Committee of the
Union (GL-10830) that:
1. Carrier violated the effective agreement when,
following an investigation on July 17, 1991,
it imposed a suspension of thirty (30) days
(fifteen actually served and fifteen on
'record') against Mr. Joe Rzepnicki without
just cause:
2. Carrier shall now compensate Mr. Rzepnicki for
all time lost as a result of this suspension
from service and shall clear his record of the
charge placed against him."
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 employe 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 the Traveling Porter assigned to Hammond, East
Chicago and Gary, Indiana Stations. On June 11, 1991, Claimant was
directed to report for an Investigation for the following:
"To determine cause and place your particular
responsibility or any violation of rules and
instructions or breach of duty in connection
Form 1 Award No. 30054
Page 2 Docket No. CL-30688
94-3-92-3-483
with your allegedly not reporting on time for
your assignment, Porter Positions #304, on
duty at 7:15 a.m. at Hammond, on Thursday,
June 6, 1991 and Friday, June 7, 1991, which
is a possible violation of General Rule 'P' of
the Operating Rules of the Northern Indiana
Commuter Transportation District, and for your
allegedly submitting a Time Report, Form C-1
Rev. 1-91, on Friday June 7, 1991, in which
you claimed eight (8) hours for Thursday, June
6, 1991 and eight (8) hours for Friday, June
7, 1991 which is a possible violation of
General Rule 'K' and General Regulations Rule
701 of the Operating Rules of the Northern
Indiana Commuter Transportation District."
Following a mutually agreed to postponement, an Investigation
was held on June 17, and as a result, Claimant was given a 30 day
suspension of which 15 days were deferred.
The Organization argues that the Claimant was denied a fair
and impartial hearing. The basis for their position is that the
Hearing Officer had prejudiced the case. A close review of the
transcript reveals that the Claimant received a fair and impartial
hearing. While the Hearing officer may have been more artful in
the use of his language, there is nothing to indicate prejudgment.
The facts in the case are clear. The Claimant admits being
late for work on the dates in question and that he submitted time
slips for the full eight hours. This Board finds no basis to
overturn the discipline assessed by the Carrier.
A WAR D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
~w~-'-8-~`~-~-
Catherine Loughrin5T Interim secretary to the Board
Dated at Chicago, Illinois, this 17th day of February 1994.