Form 1 NATIONAL RAILROAD ADJUSTML-4`7 BOARD Award ?o. 6470
 SECOND DIVISION Docket No. 6855
 2-HP-CM-173




Parti~e_.to Dispute: ( (Carmen)


Dispute: Claim of EMPIMS:









Find insts
The Second Division of the Adjustment Boara, 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 weaning of the Railway Labor Act as approved June'tM, 1934.

 Thie Division of the Adjustment Board has jurisdiction over the dispute involved herein.

This is a disciplinary case in whic after an investigation, claimant was found guilty and ordered to be dismissed from the service. Carrier subsequently
 changed its decision and claimant was restored to duty. i


Claimant did not appear for work on July 12, 1971 due to his having been arrested as a suspect in a murder case. On that day, he was allowed to make one
 . )hone call from jail, that having been made by him to make arrangements for bail.

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F'orrr I Award No. «s7(;:
 Page 2 Docket No. 53G
 v

 On JiLly 13, his wife notified the Carrier that her husband was unable to report ._,rd
 for work due to his arrest status. On July 23, claimant was indicted for murder
 by the Grand Jury: On July 26), having been released on bail, he reported for
 work, but was .refused permission to assume his duties. He then was charged with
 "conduct unbecoming" etc. and with absence without leave and notified that the
 investigation would be held on August 4. At the request of his representatives,
 several postponements were granted and the hearing was held on September 24, 1971
 The final decision rendered by the Carrier subsequent to the hearing was dismissed
 from the service.
 On December 24, 1971, at the conclusion of his criminal trial, claimant
 was acquitted by the jury. On March 9, 1972, claimant was notified of Carrier's
 decision to re-instate him to service. which notice was received by him on March 11.
 He returned to Carrier's employ on March 20.
 Claimant has submitted the instant claim for compensation in the amount
 of eight (8) hours per day, five (5) days per week at the pro rata rate beginning
 July 26, 1971, including all benefits accruing to any other employee in active
 service, vacation rights and seniority unimpaired until returned to service
 March 20, 1972.
 The record before us is silent with respect to the circumstances leading
 up to the arrest, trial etc. of the claimant, but since he was acquitted of the
 charge, we feel that he should not be penalized for something which he evidently
 did not do. The investigation charges etc. initiated by the Carrier would never
 have core into being had he not been arrested and indicted. We think that under Noe
 the circumstances, considering all relevant facts, claimant should in effect be
 made whole. We will sustain the claim, but the period of March 11 to March 20, 1972
 is to be excluded from the compensatory period.
 A W A R D

        Claim sustained in accordance with opinion as expressed.


                            NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division


Attest:, 1,..,r
 Executive Secretary

 Dated at Chicago, Illinois, this 3=~th a4y of April, lqi3.