Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 38997
Docket No. SG-39923
08-3-NRAB-00003-070076
(07-3-76)
The Third Division consisted of the regular members and in addition Referee
Lisa Salkovitz Kohn when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Union Pacific Railroad:
Claim on behalf of S. C. Sold, for compensation for all lost straight
time and overtime with all seniority and benefits unimpaired and
any mention of this matter removed from his personal record,
account Carrier violated the current Signalmen's Agreement,
particularly Rule 68, when assessed the excessive discipline of a 28day suspension against the Claimant without providing a fair and
impartial investigation and without meeting its burden of proving
the charges in connection with an investigation held on February 6,
2006. Carrier's File No. 1440165. General Chairman's File No. N 68
599. BRS File Case No. 13701-UP."
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.
Form 1 Award No. 38997
Page 2 Docket No. SG-39923
08-3-NRAB-00003-070076
(07-3-76)
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
The Claimant was charged with a possible violation of the Carrier's EEO
Policy, based on a report that on January 24, 2006, he made a racial remark to a
fellow employee of African American descent, asking him "if I said Field N***er or
Signal N***er would you be offended?" After an Investigation, the Hearing Officer
determined that the Claimant was guilty of the charged offense. The Claimant was
assessed a Level 4 suspension from service for 30 days without pay and required to
participate in an EEO class prior to returning to work. The Organization appealed
the discipline.
The Board concludes that the Claimant received a full and fair Investigation.
Substantial evidence supports the discipline assessed.
AWARD
Claim denied.
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 BO
By Order of Third Division
Dated at Chicago, Illinois, this 27th day of March 2008.