Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6645
SECOND DIVISION Docket No. 6431
2-D&TSL-CM-' 74
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was renaered.
( System Federation No. 16, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( The Detroit & Toledo Shore Line Railroad Company
Dispute: Claim of Employes:
1. That.under the current working Agreement Carman Helper
Ronald Lee Slayton was unjustly dismissed from the service
of The Detroit and Toledo Shore Line Railroad Company on
June 9, 1972.
2.. That accordingly The Detroit and Toledo Shore Line Railroad
Company be ordered to restore Carman Helper Ronald Lee
Slayton to service with seniority unimpaired, and pay _him
for all time lost at the applicable rate of pay with an
additional 6% compounded annually on the anniversary
date of claim, along with all other benefits he would
have received had he not been unjustly dismissed.
Finaings:
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.
On the state of the record before this Division in this dispute,
there is no basis for finding that Carrier's action was arbitrary or
capricious. There was substantial evidence of probative value to
support the discipline imposed by Carrier.
The Organization's effort to show that Rule 12 of the agreement
between the parties is misplaced. Rule 12 has no application to the
factual circumstances in this dispute.
Form 1
Pa ge 2
Award No. 6645
Docket No. 6431
2-D&TSL-Chi-' 74
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
6osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 26th day of February, 1974.