Form 1 NATIONAL RAILROAD ADJUSTMENT BARD Award No. 7095
SECOND DIVISION Docket No. 6782.
2-BN-CM-176
The Second Division consisted of the regular members and in
addition Referee Robert M. O'Brien when award was rendered.
( System Federation No. 7, Railway Employes'
( Department, A. F. of L. - C. I. 0.

Parties to Dispute: ( (Carmen)
_ (

( Burling-ton Northern Inc.

Dispute: Claim of Employes:

1. That Havre Cayman K. C. Sargent was unjustly treated and the provisions of the current Agreement were violated when he was suspended from service for a period of five (5) days August 23 through August 27., I973,, and a mark of censure was placed on his personal record.

2. That accordingly the Burlington-Northern, Inc. be ordered

to compensate K. (:. Sargent for five (5) days time for August

23-27, 1973 inclusive, in the amount he lost in wages during

that period due to suspension from service. Further, that the

Burlington-Northern be ordered to remove the mark of censure

from Cayman K. C. Sargent's personal record.

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 employs 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.

The facts giving rise to the instant claim are as follows. On July 30., 1973 the claimant failed to report for his 11:00 P.M. to 7:00 A.M. assignment as a carman at Havre, Montana. Claimant did not have permission to be absent from duty however. Following a hearing held on August 10, 1973, an entry of censure was placed on claimant's personal record and he was suspended from service for a period of 5 days due to his alleged violation of Rule 665 of Carrier's Safety Rules.

The facts of record compels this Board to conclude that the charge preferred against claimant was supported by substantive evidence. He admittedly failed to report for his assigned tour of duty on July 30, 1973. It thus became incumbent on him to proffer a credible reason for not reporting. Claimant failed to do soy and the 5 day suspension given him was warranted as a result.
Form I Award No. 7099
Page 2 Docket No. 6782
2-BN-CM-176

Claimant was accorded a fair and impartial hearing. The charge against him has been proven by substantive evidence. And the 5 day suspension was justified. Accordingly the claim lacks support and it must be denied.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division

Attest: Executive Secretary

National Railroad Adjustment Board,

By C-~ ~ ~ ~' ~~ ~2 . -%~. ..~ ~ ~ .fir .. ,~ ~ ..

Rosemarie Brasch - Administrative Assi taut

Dated at Chicago, Illinois this 16th day of Julys 1976.