AWARD NO. 228
CASE NO. 315
SPECIAL BOARD
OF
ADJUSTMENT NO.
280
PARTIES ) BROTHERHOOD
OF
MAINTENANCE
OF
WAY EMPLOYES
TO )
DISPUTE ) ST
.
LOUIS SOUTHWESTERN RAILWAY COMPANY
STATEMENT
OF
CLAIM
1. The thirty (30) days of suspension imposed upon Track Laborer T.
S. Adams for alleged violation of Rule 607 was arbitrary, unjust and
in violation of the Agreement (System File MW-87-21-CB153
1018).
2. The Claimant shall have his record cleared of the charges leveled
against him and he shall be compensated for all wage loss suffered
beginning April 1,1987 and continuing through April 30, 1987.
OPINION
OF
BOARD
As a result of an incident with Foreman B. J. Jordan on March 30, 1987, Claimant,
a laborer with no indicated prior disciplinary record, sustained a surface cut to his abdomen
unintentionally inflicted by Jordan. Claimant did not report the incident. After the Carrier
became aware of the incident and beginning April 1, 1987, Claimant was withheld from
service pending outcome of investigation. After investigation held on April 15, 1987 and
by letter dated April 20, 1987, Claimant received a 30 day suspension. The record reveals
that the foreman involved in the incident was also charged.
Article 14(A)(1) permits the Carrier to withhold employees from service pending
investigation "in serious cases". Rule 607 requires the reporting of misconduct or
negligence.
We agree with the Organization that Claimant was improperly withheld from
service. Given the circumstances, Claimant's failure to report the incident was not
"serious" as contemplated by Rule 14(A)(1). With respect to Claimant's failure to report
the incident as a rule violation, we find that substantial evidence supports the Carrier's
SBA 280, Award 228
T. S. Adams
Page 2
conclusion that Claimant violated Rule 607 by failing to report the matter. However, given
the totality of the circumstances, we believe that a 30 day suspension is excessive. In light
of the above, the suspension shall be reduced to 10 calendar days and Claimant shall be
compensated accordingly.
AWARD
Claim sustained in part. Claimant violated the rule as charged. However, the 30
day suspension is excessive and shall be reduced to 10 calendar days. Claimant shall be
compensated accordingly.
Edwin . Benn
Neutral Member
. p. /
R. O. Nay
W
S. A. Hammons, Jr(/
Carrier Mei r Organization Member
Houston, Texas
June 11, 1990