Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7007
SECOND DIVISION Docket No. 6858
The Second Division consisted of the regular members and in
addition Referee Dana E. Eischen when award was rendered.
( System Federation No. 97, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers) -
( The Atchison, Topeka and Santa Fe Railway Company
Dispute: Claim of Employes:
(1) That the Carrier erred and violated the contractual rights
of W. R. Schultz and A. J. Ritter, Jr. when they were suspended
from service pending an investigation.
(2) That, therefore, Mr. Schultz and Mr. Ritter be compensated for
all time lost from date suspended to date discharged.
Findings:
The Second Division of the Adjustment Board, upon the whole record arid
all the evidence, finds that:
' L.:
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.
Claimants, Electrical Trainees of less than one year's seniority were:
_ caught sleeping on duty in a chair car with pillows beneath their heads
on the evening of September 28, 1973. The facts involved in this case
are set forth in greater detail in our recent Award 7006
wherein we deny their claim for reinstatement to the positions from which
they were discharged following investigation on October
5,
1973. In that
Award we found that there was no procedural irregularity, that substantial
evidence supported the charges and, that in light of the nature of the
offense and their generally unsatisfactory performances, no mitigating
circumstances warranted the substitution of our judgment for that of -
Carrier with request to the quantum of discipline assessed.
Petitioners herein move that, irrespective of the merits of the case
for dismissal, Claimants were improperly suspended from service under
Rule 332 between the dates of September 28, 1973 and October
5,
1973, when
they were dismissed from all service, and should be compensated at least :nor
that much time.
Form 1
Page 2
Award No. 7007
Docket No. 6858
2-AT&SF-EW-'76
We have reviewed this position in light of our earlier Awards 1541
and 4123, dealing with substantially identical language and position. We
see in this case, no basis for deviating from the findings enunciated
therein with respect to suspension under Rule
332
in sleeping cases.
Claimants' suspensions in the circumstances and in the face of that authority
cannot be held improper.
Upon the basis of the foregoing and consideration of the entire record
we are constrained to deny the claims.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
Bye
R emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this
20th day of February, 1976.