Form I NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7126
SECOND DIVISION Docket No. 689
2-BNI-CM-'76
The Second Division consisted of the regular members and in
aJ~.'iz-ion Referee David P. Twomey when award was rendered.
{ System Federation No. 7
Parties 'to Tjisp~Lte: ( Railway Employee' Department
( A FL - CIO - Carmen
(
( Burlington Northern, Inc.
Dispute: Claim of Employes:
1.
a
'!'hate
the
Burlington Northern, Inc. improperly withheld
Car Ins peetor `i. hfeyers, Cicero, Illinois from service October 26,
1973 pending investigation and dismissed him from service on
November 26, I973.
2. That the Burlington Northern be ordered to:
(a) Compensate Car Inspector T. Meyars, Cicero, Illinois
eight (8) hours
pay for each work day
starting October
27, 1973 until restored to service.
(b) Restore to Claimant all seniority, vacation rights
unimpaired; that premium be paid for Hospital, Surgical?
Medical Benefits and Group Life Insurance for
all time held out of service and all other benefits
accruing active employee during the period be restored.
Findinns:
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 employs 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 a t hearing
thereon.
The Claimant, Mr. Timothy Myers* a Car Inspector with seven
months of service, was removed from service on the corning of October
26, 1978, pending results of a formal investigation. The Claimant, by
notice dated October 26, 1973, was informed of the date and time of
the investigation for the purpose of:
Fore 1
'1'h ge 2
Award No. 7126
Docket No. 6894
2-BNI-CM-'76
"...ascertaining the facts and determining
your responsibility in connection with your alleged
failure to comply with instructions from proper
authority, your alleged insubordination and your
alleged failure to be at your designated work
location at about 5:00
A.M.,, Friday, October 24
1973, Cicero* Illinois*"
We find that the Claimant
was properly
notified of the charges
against him. At the investigation the Claimant was ably represented
by the Local Chairman. ?he Claimant
and his Representative were given
the right to question all
witnesses. The ClaAmnt
and his Representative
had wide
latitude to
fully. present
the
Claimant's case. We find
that
the
Investigation was properly conducted* The record
contains clear
and
substantial evidence to support the Carrier's findings in Division
Superintendent's letter of November 26, 1973 (Carrier's Exhibit No. 3).
We find that the discipline imposed is neither arbitrary, capricious or
excessive.
We shall deny the claim.
A WA R D
Cla in denied *
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
8y Order of Second Division
BY=
522:tso~ - A
&a:m ".
ZOA..,;
Rosemarie Breach - Administrative Ass
stant
Dated at Chicago, Illinois, this 10th day of September, 1976.