PUBLIC LAW BOARD N0. 1760
Award No. 26
Docket No. DEC-79-10
Parties Brotherhood
of
Maintenance of Way Employees
to and
Dispute Norfolk and Western Railway Company
Statement Carrier violated the effective Agreement on March 27, 1979 when
of C. R. Burkhart, Sr. was assessed ten (10) days actual
suspension
Claim without just and
reasonable cause,
and was not given a fair and
impartial hearing.
Claimant C. R. Burkhart, Sr. shall be paid at his respective
rate for all time held out of service, commencing on March 27,
1979 and continuing until he was returned to work, and the
hearing be stricken from his record.
Findings The Board, after hearing upon the whole record and evidence,
finds that the parties herein are Carrier and Employee within the
meaning of the Railway Labor Act, as amended, that this Board is
duly constituted by Agreement dated February 2, 1976, that it has
jurisdiction of the parties and the subject matter, and that the
parties were given due notice of the hearing held.
Claimant, a regularly assigned crane operator, was operating locomotive Crane No. 514879 with a 55 foot boom on March 26, 1979.
Claimant's
crane, on
this date, about 3:10 p. m., struck a signal
and signal apparatus
resulting in
extensive damage to said signal
and signal apparatus.
Claimant was
given an
investigation in
connection
therewith. As
a result thereof he was found guilty
of negligence and
was given
a
ten (10
) day suspension as discipline therefor
.
' PLI /'7
6
C - Award
No. 26
Page 2
While there was a sufficiency of evidence ,to support Carrier's
conclusion we find the record to be such as to cause the Board
to reduce the discipline assessed to five (S) days.
Award Claim disposed of as per findings.
Order Carrier is directed to make this Award effective within thirty
(30) days of date of issuance shown below.
M.W. Christie, Employee Member G. C. Edward, Carrier Member
Arthur T. Van Wart, Chairmanr
and Neutral Member
Issued at Salem, New Jersey, November "26, 1980.