Form 1 NATIONAL RAIL12;CAD ADDJUSTNTE7T ?1OARD Award TNP.
(g?
SECOTJD DIVISION Dccke t No.
430
The Second. Division consisted-of the re gilar ,;embers and in
addition Referee Nicholas ii. "umas when award was rendered.
( System Federation No. 7, Fail_ray
E,
ployes'
( Department,' A . F. of L. - C. I. 0.
Parties to Di s-pute : ( (Electrical Wor';ers )
( Burlington, Northern, Inc.
Dispute: Claim of Employes:
1. That in violation of the current agreement Assistant Communication Crew
Lineman Randall S. Carbon was unjustly dismissed from the service of the
Carrier on 11ovember
5, 1971.
2. That accordingly the Carrier be ordered to reinstate the aforementicned
Assistant Ccm.~:mnication Crew Line;ian to service in his former position
with the Burlington Northern Inc. with all seniority rights, pass
privileges, vacations and/or vacation payments and holiday or holiday
. _ payments, back paymeats for all hospitalization and any other rights
nrivile,-'ez or benefits allowable under sched.tUle agree-,nents and/cr
law and. cc·uensated for all lost wages todcther ;.; ith : i
_t
percent
interest on all such lost wanes and on all deferred hcsrital iza tion.
holiday or vacation benefits. Interest to be compounded qua:uer7_y.~
Findings
The Second Division of the Adjustment Board, upon the whole record arid
all the evidence, finds that:
The carrier or carriers and the emplo~,re or employes involved in this
dispute are respectively carrier and. employe within the meaning of the Railway
Labor Act as approved Jane 21,
1934.
This. Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived -right of appearance at hearing thereon:.
A careful analysis of the voluminous record in this dispute, including the
numerous awards cited, compels the conclusion that Carrier was not arbitrary and
capricious in taking the action that it did.
A
W A R D
Claim is denied.
corm 1 Award No.
6532
Page 2 Docket No. 64 30
2-DN-Ew-'73
NATIONAL RAIIrRCAD ADJUSTNIE19T B0.9RD
By Order of Second Division
Attest; Executive Secretary
National Railroad. Adjustment Board.
By
-osemarie Brasch - Alminis-rative Assistant
Dated at Chicago, Illinois, this 15th day of November.,
1973.
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