Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32404
Docket No. CL-32791
98-3-95-3-600
The Third Division consisted
of
the regular members and in addition Referee
John H. Abernathy when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(New Jersey Transit Rail Operations, Inc.
STATEMENT OF CLAIM:
"Claim of the System Committee
of
the Organization (GL-11191) that:
(a) Carrier acted in an arbitrary and capricious manner when it
unjustly assessed discipline
of
Reprimand on Data Entry Clerk Barbara
Van Wallendael on October 3, 1994.
(b) Claimant's record be cleared
of
the charge brought against her
September 9, 1993.
(c) Claimant be compensated for wage loss sustained, in accordance
with Rule 42."
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. 32404
Page 2 Docket No. CL-32791
98-3-95-3-600
On August 11, 1993, Claimant sustained an on-the-job injury and called in sick
because of that injury the next day. On September 9, 1993 Claimant was charged with
failure to report that injury and, after an Investigation, was assessed a suspension of ten
days. On November 29, 1994 the Organization appealed that suspension to the Manager
of Labor Relations. After the Manager of Labor Relations held a Hearing and denied
this appeal, the Organization appealed to the Director of Labor Relations, who also
conducted a Hearing and reduced the ten-day suspension to five days on March 20,
1995.
The Organization continued to press their claim and on August 24, 1995 Carrier
reviewed this claim again and offered to expunge the discipline without prejudice on
September 4, 1995. The Organization continued to maintain the Claimant was not
guilty. On October 27,1995 Carrier informed the Organization that the discipline had
been expunged from Claimant's file. On December 6, 1995 the Organization petitioned
to have this case heard by this Board.
This Board finds that there was miscommunication between the Carrier and the
Organization. The discipline imposed on the Claimant has been expunged from her
record. This issue is moot.
AWARD
Claim denied.
ORDER
This Board after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NAT71ONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 21st day of January 1998.