Form 1 .ATIGML RAILROAD ADJUSf!'IENT BOARD Award No. 7002
SECOND DIVISION Docket No. 683.4
2-N&W-CM-' 7 6
The Second Division consisted of the regular members and in
addition Referee Dana E. Eischen when award was rendered.
( System Federation No. 16 (formerly System Federation
( No. 57) Railway Employes' Department, AFL-CIO
Parties
to dispute: ( (Carmen)
( Norfolk and Western Railway Company
Dispute: Claim of Employes:
1. That under the Current Wor:cing Agreement Carman C. Williams
was unjustly assessed a thirty (30) day deferred suspension
on October 18, 1973, as a result of an investigation held
on
September 19,
1973.
2. That the Carrier be ordered to remove from Carman Williams'
service record the thirty (30) day deferred suspension.
pi_!~q,'_ngs · .
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 employee 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, C. Williams, is the carman who assisted making repairs to car
TTX 478593 on August 19, 1973 at Carrier's Calumet Yard repair track, Chicago,
Illinois. That car was later involved in a derailment subsequent to which
Claimant was notified
to
report for a hearing and investigation following which
he was assessed 30 days deferred suspension for improper performance of duties
i.e. using a regular nut and spoiling threads on
tile
bolts rather than using
lock nuts to secure bolts on the retainer pin plates.
We have dealt with this issue in our recent Award 7001
the
companion case to the instant dispute. The positrons, analysis and rationale
of that decision apply equslly herein ar?d the
inct -nt
claim likewise is sustained.
r
Farm I - Award No. 7002
Page 2 Docket No. 68"A~4
2-N&W-CM-' 76
A WA R D
Claim sustained.
N:qTIOML RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
Ros~'marie Brasch - Adminiystrative Assistant
Dated lat Chicago, Illinois,
this loth
day of February, 1976.
a