Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
The Third Division consisted of the regular members and in
addition Referee Elizabeth C. Wesman when award was rendered.
(Donald E. Jones
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Co.
STATEMENT OF CLAIM:
' "My disqualification as track welder and five days actual
suspension by the Chicago and North Western
Transportation Company for being in charge of a welding
crew that hy-railed in CTC territory without CTC permit."
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.
At the time this Claim arose, Claimant was a Welder in charge
of on-track welding equipment. On June 5, 1991, he was operating
in CTC territory without seeking and obtaining a track permit
pursuant to Rule E351B.
He was subsequently charged with that violation and an
Investigation was held. At the Investigation, Claimant admitted to
the charge, but contended that he was protected by others working
in the area who had gotten track permits. However, Rule E351B
requires that "On track equipment must not... occupy a track in CTC
territory until a CTC track permit is obtained
...."
Form 1 Award No. 30254
Page 2 Docket No. MS-30837
94-3-92-3-685
By letter dated June 25, 1991, Claimant was assessed
discipline of five days actual suspension and disqualification as
a Welder pursuant to the Carrier's Discipline Policy. That Policy
provides that after an individual is placed under the Policy, he is
to receive a 5 day actual suspension for the next proven offense.
In addition, the Policy provides for disqualification where the
"offense relates solely to the work in the craft
...."
We have been
referred to Award 1 of PLB No. 4817, as well as Second Division
Awards 12218 and 12419: Third Division Award 27990; and Fourth
Division Award 4649, which have reviewed the Carrier's Policy and
its implementation. We find no impropriety in the Carrier's action
in this case.
Finally, Claimant, in his Submission to this Board, asserts
that he has been discriminated against in this matter. This Board
finds no evidence to support such a representation.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Linda Woods - Arbitration Assistant
Dated at Chicago, Illinois, this 8th day of June 1994.