Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6906
SECOND DIVISION Docket No. 6755
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was rendered.
( System Federation No. 114, Railway Employes'
( Department A.F.L. - C.I.O. - Electrical Workers
Parties to Dispute:
( Southern Pacific Transportation Company
Dispute: Claim of Employes:
1. That under the current Agreement, Mechanical Department
. Electrician Arthur Murillo was unjustly treated when he
was dismissed from service on June
7, 1973,
following
investigation, for alleged violation of Rule 810 of the
General Rules and Regulations of the Southern Pacific
Transportation Company on May
24, 1973.
2. That accordingly, the Carrier be ordered to:
. (a) Restore the aforesaid employe to service, with all
service and seniority rights unimpaired, compensate him
_, for all time lost and with payment of
6%o
interest per
annum.
(b) Reinstate all vacation rights for the aforesaid employe.
(c) Payment of hospital, medical insurance, group disability
insurance, and Railroad Retirement contribution.
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.
Form 1 - Award No. 6906
Page 2 Docket No. 6755
2-SP(PL)-EW-'75
Claimant was charged with unauthorized absence in violation of
Carrier's Rule 810. After hearing and investigation Claimant was dismissed
from service. The record, particularly that portion of the transcript
of hearing where Claimant admits culpability, compels the finding that
Carrier's action was not arbitrary or capricious.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
. By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
Rosemarie Brasch - Administrative Assis~ant
Dated at Chicago, Illinois, this
15th day of August, 1975.