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:




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



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.