Form 1
NATIONAL RAILROAD ADJUSTMENT
BOARD Award No. 6643
SECOND DIVISION Docket No. 642 7
2-SOU-CM-' 74
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas 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 J. S. Graves,
Birmingham, Alabama was unjustly suspended from service
from 5:30 AM, November 20, 1971 until 11:00 PM, December
20, 1971.
2. That accordingly, the Carrier be ordered to pay Carman
J. S. Graves, Birmingham, Alabama for all time lost from
5:30 AM November 20, 1971 until 11:00 PM December 20,
1971.
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.
Claimant was charged with conduct unbecoming an employee, and
after investigation and hearing he was given thirty days suspension
from service. The charge was the first in over 25 years of employment:
with Carrier.
A careful examination of the record in this claim compels the
conclusion that Carrier's assessment of discipline was excessive, and
should be reduced to five days suspension.
Form 1
Pa ge 2
Award No. 6643
Docket No. 642 7
2-SOU-CM-' 74
A W A R D
Claim disposed of per findings herein.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
, ~
V..i L
Gt -Z -/~.J
Rosemarie Brasch - Administrative Assistant
Dated a t Chicago, Illinois, this 26th day of February) -,1974.