Form 1
NATIONAL RAILROAD ADJTJSTMF'IT
BOARD Award No. 5904
SECOND DIVISION Docket No.
6699
2-C&EI-CM- · 75
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was rendered.
( System Federation No. 2, Railway Employes'
( Department A.F.L. - C.I.O. - Carmen
Parties to Dispute:
(
( Chicago & Eastern Illinois Railroad Company
Dispute: Claim of Em to e
1. The Chicago and E stern Illinois Railroad Company, hereinafter
referred to as the Carrier, acted unjustly, unreasonably,
arbitrarily, capriciously and in violation of Agreement Rule
30 when they (the Carrier) dismissed Carmen Helper Mr. R.
Thompson, hereinafter referred to as Claimant, from service
effective November 20,
1972.
2. Carrier be ordered to restore Claimant to service with all
seniority rights unimpaired, to pay for all time lost from
November 11, 1972, until restored to service, to pay all
insurance premiums (Health, Welfare, and Life) for the length
of time held out of service, and to clear Claimant's record.
3.
In addition to the money amounts claimed herein, the Carrier
shall pay Claimant an additional amount of six per cent
(6%)
per annum compounded annually on the anniversary date of
claim.
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.
After careful review of the record herein, the Board is of the
opinion that there was substantial and probative evidence presented
by Carrier to justify the discipline assessed. Under the circumstances,
we will not disturb Carrier's action.
w
Form 1 Award No. 69,04
Page 2 Docket No.
6699
2-C&EI-CM-'75
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMEPTT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
Rosemarie Brasch - Administrative Assis
nt
Dated at Chicago, Illinois, this 15th day of August, 1975.
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