Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32932
Docket No. TD-33669
98-3-97-3-126
The Third Division consisted of the regular members and in addition Referee
John C. Fletcher when award was rendered.
(American Train Dispatchers DepartmentUnternational
( Brotherhood of Locomotive Engineers
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"Appeal on behalfofTrain DispatcherA. M. Vadalabene, Employee
Number 261752, from the discipline of a reprimand, as assessed by Notice
of Discipline dated December 27, 1995."
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.
On October 24, 1995, Claimant was involved in a verbal altercation with an
Assistant Chief Train Dispatcher. Following an Investigation into the incident Claimant
was disciplined with a reprimand. The Organization has appealed the discipline to this
Board on a variety of basis, both procedural and substantive.
Form 1 Award No. 32932
Page 1 Docket No. TD-33669
98-3-97-3-126
The Board finds the Organization's procedural and merits arguments are
unsupported in this record. Discipline was warranted in the circumstances of the
incident and discipline of a reprimand is not inappropriate.
The claim is without merit. It will be denied.
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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 23rd day of November 1998.