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(Advance copy. The usual printed copies will be sent later.)
orm 1 NATIONAL'RAILROAD ADJUSTMENT BOARD Award
No.6342
SECOND DIVISION Docket No.6165
2-IC-CM-'72
The Second Division consisted of the regular members and in
addition Referee Robert G. Williams when award was rendered.
( System Federation No. 99, Railway Employes'
( Department, A. F.
of
L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Illinois Central Railroad Company
Dispute: Claim of Employes:
1. , That under the current agreement Car Inspector Leroy Jackson was
unjustly suspended from the service of the Illinois Central Railroad
for a ninety (90) day period beginning September 20, 1970rcurrent to
December 20, 1970.
2. That accordingly the Illinois Central Railroad be ordered to compensate
Car Inspector Leroy Jackson for all time lost account of the aforesaid
unjust suspension.
findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employe within the meaning of the Railway
Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearancc at hearing thereon.
The Claimant has been employed for fourteen years by this Carrier and was
working relief shifts when this dispute arose. The Claimant was instructed by his
Foreman on September 19, 1970 to report to the Carrier's supervisor on September 20.,
1970.
In response to this instruction the Claimant replied, "every roan deserves a
day off and I will not go to the office because I do not want to see D. Veldhuizen
(Carrier Supervisor), in turn he should came to the train yard if he wants to see
me." On September 20., 1970 the Carrier's Foreman found the Claiwant asleep in a
caboose. The evidence was confli-cting on this point, but the greater weight of the
proof clearly established the finding that the Clalmant was sleeping on the job. %tie
Form 1 Award ido.
6342
Page 2 Docket No.
6165
2-IC-CM-'72 i
va
01
Carrier also introduced evidence of the Claimant's work history. In light of all
this evidence this Board cannot say that the Carrier's disciplinary action was
arbitrary or capricious:
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUST BOARD
By Order of Second Division
Attest:
Executive Secretary
Dated at Chicago, Illinois, this 7th day of July,
1972.
I