Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31987
Docket No. SG-32583
97-3-95-3-514
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Seaboard Coast
( Line Railroad Company)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the CSX Transportation Company (former
Seaboard Coast Line):
Claim on behalf of J. P. Jones for compensation for all time lost as
a result of his suspension from service for 30 days beginning October 30,
1993, and for his record to be cleared of all charges in connection with this
discipline, account Carrier violated the current Signalmen's Agreement,
particularly Rule 47, when it did not provide the Claimant with a fair and
impartial investigation and assessed harsh and excessive discipline against
him in this matter. General Chairman's File No. 47-TPJ-93. Carrier's File
No. 15 (93-0137). BRS File Case No. 9708-SCL."
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.
Form l Award No. 31987
Page 2 Dock°t No. SG-32583
97-3-95-3-514
Parties to said dispute were given due notice of hearing thereon.
As a result of an Investigation held October 4, and by letter dated October 19,
1993, Claimant, a Lead Signalman with 17 years of service, was assessed a 30 day
suspension for negligence in his operation of a boom on a truck on August 30, 1993 which
resulted in damage to the Carrier's equipment.
The record shows that Claimant was instructed to remove an unused signal case
and to dig up and remove its concrete foundation. Although instructed to dig around a
foundation before lifting it. Claimant did not do so. When Claimant attempted to remove
the foundation only by use of a boom, Claimant caused approximately $8000 damage to
the Carrier's equipment. We therefore rind substantial evidence exists in the record to
support the Carrier's determination that Claimant was negligent.
However, we find a 30 day suspension to be excessive. Claimant has no prior
discipline on his record. The 30 day suspension shall be reduced to 15 days. Claimant
shall be compensated accordingly.
AWARD
Claim sustained in accordance with the Findings.
ORDE
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) be made. The Carrier is ordered to make the
Award effective
o0
or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 6th day of May 1997.