Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 45022 Docket No. MW-47053
23-3-NRAB-00003-220138
The Third Division consisted of the regular members and in addition Referee Elizabeth C. Wesman when award was rendered.
(Brotherhood of Maintenance of Way Employes Division – (IBT Rail Conference
(Springfield Terminal Railway Company STATEMENT OF CLAIM:
“Claim of the System Committee of the Brotherhood that:
The discipline (dismissal) imposed upon Mr. J. Hammond, by letter dated March 5, 2021, for alleged violation of Safety Rules PGR-C and PGR-L, as well as Track Safety Standards §213.233 and
§213.241, in connection with his alleged falsifying of I&R reports on December 4, 7, 8, 11, 14, 16, and 23, 2020 was on the basis of unproven charges, arbitrary, excessive and in violation of the Agreement (Carrier’s File MW-21-07 STR).
As a consequence of the violation referred to in Part (1) above, Claimant J. Hammond shall now ‘*** be reinstated back to service effective immediately with all straights time, overtime and double time wages worked by his position, as well as all credits for vacation and any other benefits under our Collective Bargaining Agreement with all charges filed against him withdrawn ***.’”
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. 45022
Page 2 Docket No. MW-47053
23-3-NRAB-00003-220138
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
Parties to said dispute were given due notice of hearing thereon.
This is a companion claim to Docket No. 47052, Third Division Award No. 45021. For the reasons discussed at length in those Findings, the Claimant’s discipline is reduced to two month’s actual suspension, and he shall be returned to work with back pay and all other rights intact, except for the two month’s actual suspension.
Claim sustained in accordance with the Findings.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division Dated at Chicago, Illinois, this 3rd day of August 2023.