'o;eTn 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7166
SECOND DIVISION Docke°:, No. 701+
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The Second Division consisted of the regular members and in

addition Referee Gene T. Ritter when award was rendered.

. ( System Federation °Ifo. 110, aailway Employes'

( Department, A, f. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)

( Norfolk and Western Railway Company

Dispute: Claim of Employes:

1. That the Carrier unjustly assessed Carman S. W. Hess a ten (.10) day deferred suspension as a result of investigation on March 19, 197+.

2. That the Carrier be ordered to remove the ten (10) day deferred suspension from the personal service record of Carman S. W. Hess.

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 ox employes involved in this dispute axe 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.

This case involves Claimant's failure to report a car which the detector indicated had a hotter than normal journal, resulting in the car leaving Bellevue in an outbound train and after running only fifteen miles being set off for a hotbox. Claimant was the Carman Leader on duty whose duty it was to read and interpret the tape on the detector and report his findings to the Carman working in the yard. Claimant was charged with improper performance of his duties on March 10, 19'j4. As a result of the testimony received at the investigation, Carrier assessed a 10-day deferred suspension against the sees ice record of Claimant. Under this assessment, Claimant lost no time fro:n work. The record reveals that Claimant admitted in his testimony at the investigation that the tape on the hotbox detector reflected a hotbox indication. The record further reflects that Claimant failed to report this indication. This Board finds that Claimant should have reported the tape reading and that Carrier was justified in assessing the punishment in this instance.
F'ox"m 1 Award No, 7166
Page 2 Docket No. 7011+
2-N&W-CM- ° 76

A W A R D

Claim denied,

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Board

BY .s.~..a..~ la4i
Rosemarie Brasch - Administrative Assistant

Dated at Chicago, Illinois, this 26th day of November, 1976.