Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6626
SECOND DIVISION Docket No.
6422
2-CRI&P-MA-'74
The Second Division consisted of the regular members and in
addition Referee Robert M. O'Brien when award was rendered.
( international Association of Machinists
and Aerospace Workers
Parties to Dispute:
( i
Chicago, Rock Island and Pacific Railroad Company
Dispute: Claim of Employes:
1. That under the terms of the controlling agreement Machinists' Local
Chairman C. 0. Borchers was unjustly dismissed from the service of the
Chicago, Rock Island and Pacific Railroad Company at E1 Reno, Oklahoma
from July
14, 1971
until April 24, 1972.
2. That accordingly the Carrier be ordered to compensate Mr. Borchers
for all time lost at his rate of pay on July 13, 1971 plus any raises
in pay and back pay which was derived from negotiations, plus any
overtime lost during his period of dismissal, plus any hospital or
doctor's expenses or life insurance benefits to which he would have
been eligible had he not been unjustly dismissed, plus credit toward
vacation eligibility for all time lost and payment for any holidays
that occurred during his period of dismissal, plus any and all other
benefits to make him whole.
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.
Following an Investigation held on July 1 and 2,
1971,
it was found by
Carrier that claimant had interchanged truck parts between a truck owned by him
and one owned by the Carrier. Having adjudged claimant guilty of interchanging these
parts, he was dismissed from service effective July 14, 1971. He was reinstated
on May 1, 1972 and claim is for compensation while held out of service. It is the
Petitioner's contention that the record fails to establish claimant had anything to do
with the 'interchange of truck parts, if in fact, any such interchange had taken
place.
J
Attest: Executive Secretary
National Railroad Adjustment Board
Award No. 6626
Docket No. 6422
2-CRI&P MA-'74
NATIONAL RAILROAD ADJUST BOARD
By Order of Second Division
R emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 29th day of January, 1974.