Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33022
Docket No. MW-33978
99-3-97-3-493
The Third Division consisted
of
the regular members and in addition Referee
Martin H. Malin when award was rendered.
(Brotherhood of Maintenance of Way Employee
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Seaboard System
( Railroad)
STATEMENT OF CLAIM:
"Claim
of
the System Committee
of
the Brotherhood that:
(1) The discipline (twenty (20) day suspension] imposed upon
Trackman L. Sims for his alleged negligence and failure to perform
his duties properly in connection with an injury he sustained on
May 6,1996 was unwarranted and on the basis
of
unproven charges
[System File LS-96-9728/12(96-928) SSY].
(2) As a consequence
of
the violation referred to in Part (1) above, the
Claimant's record shall be cleared
of
all reference to the incident
involved here and he shall be compensated for all wage loss
suffered."
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 1
Page 2
Award
No. 33022
Docket No.
MW-33978
99-3-97-3-493
Parties to said dispute were given due notice of hearing thereon.
It appears that in addition to the instant claim, the Claimant brought an FELA
claim against the Carrier for the injury resulting from the incident that gave rise to the
discipline. It further appears that the Claimant settled his FELA claim and signed a
release waiving all claims. Accordingly, the instant claim must be dismissed.
AWARD
Claim dismissed.
ORDEI
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 25th day of January 1999.