Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7129
SECOND DIVISION. Docket No. 6943
2-C&NW-MA-' 76
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.

International Association of Machinists
Parties to Dispute: ( and Aerospace Workers - District No. 3
.. ~ A FL-CIO

( Chicago & North Western Transportation Company

Dispute: Claim of Employes:

(a) f1he Chicago and North Western Transportation Company arbitrarily dismissed Machinist Thomas B. Norton, when on January 10, 1974, they held him for investigation and subsequently discharged him on January 14, 1974. The charge he was dismissed for was: "Your responsibility for failure to perform, your duties in a workmen like manner, specifically inspecting and releasing for service a reconditioned roller bearing on the night of January 2, 1974, in which defective and condemnable material was found by the A.A.R. Mechanical Inspector on January 3, 1974, making the bearing unsuitable for service."

(b) In accordance to Rule #32, we request that ?homes B. Norton be restored to service with all seniority rights unimpaired, and be made whole for all time he is held out of service, including, but not limited to, health and welfare, overtime, vacation, etc*

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 a t hearing thereon.

The Claimant, Machinist Thomas B. Norton, an employee with approximately 3 years of service at the tiles of the events in question, was dismissed from service on January 14, 1974, based on evidence brought forth at a formal investigation held on January 10, 1974, for failure to perform duties in a workmanlike manner, specifically inspecting and releasing for service a reconditioned roller bearing on
Fore 1 Award No. 7129
Page 2 Docket No. 6943 '
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the night of January 2, 1974, in which defective and condemnable material was found. The Claimant was vary ably represented. at the investigation and its given the opportunity to present his case: and question company witnesses. We find that the Carrier has set its burden of proof in the instant case. However, based on the narrow circumstances of the record before as, we believe that this discipline has served its purpose and that the Claimant should be reinstated to service with all seniority rights restored, bat without back pay and without "overtise, vacation, etc*"* Health and welfare benefits for this period is also denied as per a long line of awards.

A WA R D

Claim sustained as per Findings.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Board

By:

Rosemarie Breach - Administrative Assistant

Dated at Chicago, Illinois, this 10th day of September,, 1976.