. 5-C-I, 5-D-1, 5-E-1 and 6-A-1, when it assessed discipline










OPINION OF BOARD t
Claimant was. tried on, found guilty of and subsequently disciplined by discharge for the following charge:


PLB r420 -2- AWARD NO. 33

 and 29, 1978 by members of Local 350 of the Brotherhood of Maintenance of Way Employees employed there.
We have described the general circumstances of this strike and picketing situation revealed at the hearings thereon in our previous Award No. 1, as well as stated our opinion on certain procedural and substantive question's raised by organization there as well as here.

 Turning to the particular facts of the instant situation, the record shows:

 I. Claimant was assigned as a Track Department Truck Driver, tour of duty 7:00 AM to 3:30 PM, reporting at Salinesvilie, Ohio, about 38 miles from-Canton, at the time of the occurrences leading to the subject discipline..

 2. Shop Engineer R.. Campitella testified-that on September 28,
 1978 at approximately 11:00 PM, he saw Claimant standing in a gathering
 of picketers and strikers at the main entrance road to the Canton Re
 pair Shop where there was a strike sign on display. He further testi
 fied that he also saw Claimant on September 29, 1978 at the same site
 at about 4105 PM, again with a group having a strike sign displayed
 at their location.

 3. Assistant Equipment Engineer L. DuBois testified that he too saw Claimant on September 29, 1978 at approximately 4:05 PM,
 PLB 2420 -3- AWARD NO: 33

 getting out of a van and then proceeding to the group of nickets,and strikers gathered at the main entrance road to the Canton Shop who were standing by a strike sign and a small fire.

        4. In his own testimony, claimant stated:

(a) He reported to and 'for his usual work at Salinesvi;ie on September 28th, but marked off from duty at about 10:30 or 11:00 PM because the employee who usually furnished him with a ride was sick and therefore he asked and got permission from supervision to leave in the morning.

 (b) He was unaware that there was an unauthorized work
 stoppage at Canton on that date. However, he visited the general ',
 area to go to a bar near where the picketing was taking place and
 en route went over to the gathering to find out what was going on.
 HQ surmises that this is when he was observed and regarded as being
 one of the picketers (at about 11:00 PM).

 (c) As to September 29, 1978, Claimant observed his usual work scheduled but admits that on one of his stops at Carrier's Alliance facility, _there was a sign up and I did not go past the sign in Alliance to pick up parts.

 (d) Claimant admits that on the same date, at 4:05 PM, he visited the picketers at Canton but did not participate in any picketing or other strike activity.
 .?LS -2420 -4- AWARD h0. 33
It is the opinion of the Board that the trial record shows the participation and activity of Claimant in the illegal and unauthorized strike to have been of such kind and degree as not to justify the dismissal penalty imposed, but that a more appropriate disciplinary reaction would be a suspension without pay for the period since his termination.

                          A W A R D


Claimant shall be restored to his former position within. thirty (30) days without compensation for lost wages.

 L

 LJUYLS YAT\, CHAIRMAN & NEUTRAL
 ~s
 FRED WMFEL, JR.-, ORGANIZATTO~'7 MEMBER

 )..'fit. t
 N.M. BERNER-,- CARRIER MEMBER
                                    GATED ~~!' :3D ~ 'T9