Form 1 NATIONAL RAILROAD ADJUSTNLNT BOARD Award No.
6882
SECOND DIVISION Docket No.
6724
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: ( (Firemen & Oilers)
( Southern Railway Company
Dispute: Claim of Employes:
1. That under the current agreement, laborer L. R.Banks was
unjustly suspended from service by Southern Railway Company at
Chattanooga, Tennessee on February
18, 1973.
And after a summary
investigation on February 22,
1973,
was dismissed.
2. That accordingly, the carrier be ordered to restore laborer
L. R. Banks to service with his seniority rights, vacation,
health and welfare, life insurance rights, in addition to pay .
for all time lost.
The Second Division of the Adjustment Board, upon the whole record
and all the a vidence,.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 were given due notice of hearing thereon.
.= It
is
clear from the record that claimant had a firearm in his
._ - possession while
on
company property
at
the end of his tour of duty on
_ February
15, 1973,
in violation of Rule GR-27, as contained in Bulletin
No.
8.
and effective November 1,
1972.
It is also clear that claimant had
ampleopportunity-to familiarize himself with the bulletin..
Discipline was warranted for violation of the rule, but under the
_,__ circumstances as brought_out in the investigation permanent dismissal was
- excessive.
__. We. will award that claimant be restored to the service with seniority
and other rights unimpaired but without compensation for time lost while _
out of service.
-Form 1 Award No.
6882
Page 2 Docket No. 6724
2-SOU-FO-'75
A W A R D
Claim sustained to extent indicated in the Findings.
NATIONAL RAILROAD ADJTZ TMENT BOARD
By Order of Second Division
Attest:. Executive Secretary
National Railroad Adjustment Board
By
r
- T~o$emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 20th day of June, 1975.
L_: