Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6623
SECOND DMSION Docket No. 6517
The Second Division consisted of the regular members and in
addition Referee David Dolnick when award was rendered.
( System Federation No. 21, Railway Employes'
( Department, A. F.. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
( Southern Railway Company
Dispute: Claim of Employes:
1. That under the current Agreement, Carman R. D. Powell, Macon, Georgia
was improperly suspended from service from March 24, to April 22, 1972.
2. That accordingly, the Carrier be ordered to pay Carman R. D. Powell,
Macon, Georgia for all time lost from March 24, 1972 to April 22, 1972.
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 appearance at hearing thereon.
At the preliminary investigation held on March 23, 1972, the Claimant was
charged as follows:
"1. Failure to properly perform your duties as a car inspector
inasmuch as you failed to detect a broken terminal line on
32nd rear car, L&S1 12899, B south end in extra north (#184)
resulting in a delay of one hour and thirty minutes to this
train.
"2. Violation of safety instructions inasmuch as you passed
between moving cars at about
#6
air, of train #137 pulling
out of the yard."
He was suspended on March 24, 7:972 and after the formal investigation his suspension
was continued until 3:30 P.M. on April 22, 1972.