' PUBLIC LA''7 BOiiRD NO. 249
BROTHERHOOD OF MINTENF.IXE OF bAY EMPLOYES
vs.
NORFOLK AND WESTERN RAILWAY CO.
STATEMENT OF CLAIM:
1. The Carrier arbitrarily and capriciously violated the provisions of
the effective Agreement by the issuing of a sixty-day (60) day actual suspension as discipline to Assistant Foreman Curtis Wayne Spees, on the basis of
his alleged being guilty.of insubordination and of falsifying time sheets on
September 8, 1967.
2. The Carrier shall now reimburse Claimant Curtis W. Spees for all
money loss suffered by him from September 21, 1967 up to the date he returned
to work and that his record be cleared.
OPINION OF BOARD:
The evidence adduced during the formal investigation (hearing) on the
property is sufficient to indicate that, while Claimant Spees may not have
been guilty of the more serious Carrier charges cited in the claim, he was
at least guilty o£ negligence in the performance
or
his assigned duties on
September 8, 1967. Accordingly, the suspension will be reduced to a 30-day
actual suspension, with claimant to be made whole for pay lost beyond the
first 30 days of said suspension.
AWARD
Claim sustained to extent indicated in above Opinion of Board.
·-Llbyd Fly Bailer, Chairman~
E. G.
Pso
a,6.%CCa(rrrierr Member A.,
J. unninghan%mp to ee i·~emb;
Dated: July /3, 1971