..Yl
SPECIAL BOARD OE ADJUSTBENT NO. 28?
PARTIES: BROTHERHOOD Os MAINTENANCE OF WAY EMPLOYEES
and
TEM BALTIMORE AND 01110 RAILROAD COMPANY
AWARD IN DOCIMIT NO. 10
STATEMENT "Claim of the System Committee of the Brotherhood
OF CLAIM: that:
(1) The demotion of Section Foreman R.. A. Dwire on the basis
o= unsustained and unsupported charges of responsibility
for the derailment of one car was arbitrary, without just and
sufficient cause, and in violation of the agreement.
(2) Claimant R. A. Dwire be restored and reinstated to his
former position as section foreman on Section 32 with sen
iority unimpaired and that he be paid the difference between what
he earned as a trac~:ma-n and what he would have earned as a foreman.
FINDINGS: Claimant in this case was afforded two investiga-
tions on the charges which led to his demotion from
section foreman to trackman. One was held April 22, 1957, and
the second one, requested by the Organization, was held on June
15, 1957.
Tile have read carefully both transcripts, as well as
the arguments of the parties. There is no charge that claimant
was not afforded a fair and impartial investigation in each instance.
There az~e many decisions of the Third Division which
hold that the Referee should not substitute his judgment for that
of management in matters of this Lind unless it is proven that
management exercised its rights to discipline in an arbitrary or
capricious manner; or denied or interferred with claimant's basic
right to a fair and impartial hearing on the charges.
There being no conclusive proof on either here, the
claim will be denied.
AWARD
Claim denied.
AifN ~,.,i.
A. .7. Cunningfiam
Employee Member
Dated F.t Baltimore, E3d.,
this 20th day of March, 1950.
Edward Edward A. Lynch
Chairman
DOCIMT I-TO. 10
T. S. Woods
Carrier i,Zember