Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33023
Docket No. MW-34031
99-3-97-3-544
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 Coast
( Line Railroad Company)
STATEMENT OF CLAIM:
"Claim
of
the System Committee
of
the Brotherhood that:
(1) The discipline [ten (10) day suspension] imposed upon Track
Foreman K. R. Morgan for alleged failure to perform his duties
safely and properly which resulted in an injury to his left thumb
was arbitrary, capricious and on the basis
of
unproved charges
[System File KRM-96-9635/12(96-0991) SSY].
(2) As a consequence
of
the violation referred to in Part (1) above, the
Claimant's record shall be cleared
of
the charges leveled against
him 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
theAdjustment Board has jurisdiction over the dispute involved
herein.
Form 1
Page 2
Award No.
33023
Docket No.
MW-34031
99-3-97-3-544
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 resultingfrom 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 ofthe 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.