Form 1 NATIONAL RAILROAD .ADJUSTMENT BOARD Award No. 7094
SECOND DIVISION Docket No. 692+
2-BNI-CM-'76
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( System Federation No.
7,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Burlington Northern Inc.
Dispute: Claim of Employes:
1. That under the Controlling Agreement, Klamath Falls Cayman H.
Storbeck was unjustly suspended from service of the BurlingtonNorthern from October 28,
1973
through November
6, 1973.
2. That accordingly, the Burlington-Northern, Inc., be ordered to
compensate Cayman H. Storbeck fox all time lost fox this suspension.
Findings:
The Second Division of the Adjustment Board, upon the whole record and all!
the evidence, finds that:
The carrier ox 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,
193+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein. ~ .
Parties to said dispute waived right of appearance at hearing thereon.
The Claimant, Mr. H. Storbeck, a Cayman with nineteen years of clear
service, was suspended from service fox a period of ten days during the period
of October 22#
1973
through November
6, 1973,
following an investigation in
connection with a charge of insubordination and failure to complete a work
assignment on September 12 and
13, 1973
of the 11:00 P, M. to
7:00
A.M. tour
of duty at Klamath Falls, Oregon.
The Organization contends that the Company violated Rule
35(c)
of the
Agreement and that as a result the investigation was improperly held. We
disagree. A review of the record shows neither arty prejudice to the Claimant
ror a violation of the rule.
Form 1 Award No. 7094
Page 2 Docket No. 692+
2-BNI-CM-'76
The burden of proof is on the Carrier in this matter of discipline; and
from the entirety of the record we find that the Carrier has sufficiently
carried its burden of proving that the Claimant was in violation of Rules
661
and
664
of Form 15001, Burlington Northern Safety Rules. We must therefore
deny the claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
semaxie Bxasch - Administrative Assistant
Dated at Chicago, Illinois, this 14th day of Julys 1976.