BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 924
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
CHICAGO & NORTH WESTERN TRANSPORTATION COMPANY
Case No. 176
Award No.
/.S^7
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
1. The written warnings assessed Machine Operator
F. A. Cruz were without just and sufficient cause
and as evidenced by the grievances hearing, such
written warning was based on unproven and disproven
charges (Organization File 9KB-4503T; Carrier File
81-90-18).
2. The Carrier failed to timely render a decision
following the Grievances hearing in accordance with
Rule 20.
3. Because of either Parts 1 and/or 2 above, the
written warnings shall be removed from Machine
Operator F. A. Cruz's personal file.
FINDINGS:
Claimant was employed as a machine operator. After a review
of his record, the Claimant received a letter of warning for not
properly performing his work. The Organization filed a claim,
and the matter was brought before this Board.
This Board has reviewed the procedural objections raised by
the organization, and we find them to be without merit.
This Board has also reviewed the record in this case, and we
find that the Carrier's letter of warning that merely placed the
Claimant on its discipline program was fully justified. The
letter of warning referenced previous letters of review which had
been issued to the Claimant to remind him of his responsibilities
and warn him that if he did not conform his behavior to the rules
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and properly perform his job, he would receive more punitive
discipline in the future.
The record contains the two letters of review that were sent
to the Claimant regarding his performance, and we find that they
constitute a sufficient basis for the issuance of the letter of
warning in this case. Consequently, the letter of warning was
issued for just cause and the claim will be denied.
AWARD:
r
Claim denied.
PETER R. MEYERS
NeutraLl Mom r
Carrier Member o anization Mem
Dated: `~--
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