Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31729
Docket No. SG-31477
96-3-93-3-486
The Third Division consisted
of
the regular members and in addition Referee
Herbert L. Marx, Jr. when award was rendered.
(Brotherhood
of
Railroad Signalmen
PARTIES TO DISPUTE:
(Chicago & North Western Transportation Company
STATEMENT OF CLAIM:
"Claim on behalf
of
the General Committee of the Brotherhood of
Railroad Signalmen on the Chicago & North Western Transportation Co.
(CNW):
Claim on behalf of D.C. Gordon, for removal of discipline from his
personal record and payment of all time lost as a result of disciplinary
decision of May 22, 1992, account Carrier violated the current Signalmen's
Agreement, particularly Rule 51, when it failed to provide the Claimant
with a fair and impartial hearing on charges of misconduct, failed to prove
its charges against the Claimant, and abused its discretion in disciplinary
matters when it imposed the arbitrary and capricious penalty of a five-day
suspension. Carrier's File No. 79-92-51. General Chairman's File No. SAV-80. BRS File Case No. 9112-
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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 were given due notice of hearing thereon.
Form 1 Award No.
31729
Page 2 Docket No.
SG-31477
96-3-93-3-736
The Claimant. a Signal Maintainer, was subject to a Hearing under the following
charge:
"Your responsibility for failure to make a proper operational
checkout
of
a standby grade crossing predictor you placed in service at
Main Street in Scranton. Iowa on April
20, 1992
which resulted in
activation failure
of
the crossing warning system."
Following the Hearing, the Claimant was assessed a five-day disciplinary
suspension. According to the Carrier's Disciplinary Policy, this is the minimum
disciplinary action in a "serious" matter. and it does not require a preceding Letter of
Warning.
The Investigation was prompted by an incident in which the Main Street Warning
Gate did not come down until after a train had arrived at the crossing. It was
determined that the Claimant had worked on the grade crossing predictor two days
earlier.
The Hearing record demonstrates that the Claimant did. in fact. fail to follow
reasonable checking procedures, as prescribed in the equipment manufacturer's
instructions, after he completed his installation work. The record is not entirely clear
as to whether supervisory personnel also were remiss in the same manner: even if this
is so, it does not relieve the Claimant of his responsibility.
The Organization draws a disturbing inference from a waiver form offered to the
Claimant prior to the Hearing. This form, which was
21 signed by the Claimant. would
have been an admission as to the charge, acceptance of a five-day suspension. and relief
from undergoing a Hearing. The Board does not agree that this form somehow
constitutes the Carrier's prejudgment of the Claimant's guilt. On the contrary. it is a
recognizably standard form utilized if, and only if, the employee consents to a waiver of
Hearing in a disciplinary charge.
There is no basis for the Board to disturb the Carrier's disciplinary action.
AWARD
Claim
denied.
Form 1 Award No. 31729
Page 3 Docket No. SG-31477
96-3-93-3-486
ORDER
This Board, after consideration of the dispute identified above. hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
Bv Order of Third Division
Dated at Chicago, Illinois, this 25th day of September 1996.