Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7235
SECOND DIVISION Docket No. 7101
2-L&N-FO-`77
The Second Division consisted of the regular members and in
addition Referee C. Robert Roadley when award was rendered.
( System Federation No. 91, Railway Employes'
(- Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers)
(
( Louisville and Nashville Railroad Company
Dispute: Claim of Emploxes:
1. That under the Current and Controlling Agreement, as amended,
Service Attendant B. A. Goodwin was unjustly suspended from the
service of the Louisville and Nashville Railroad Company on
November 27, 1974, at South Louisville Shops, Louisville, Kentucky
after a summary investigation was held on December 17, 1974, and
was subsequently dismissed 6n January
6,
1975, from the service.-
2. That accordingly, Service Attendant B. A. Goodwin be restored to
service with his seniority rights unimpaired, vacation, health and
welfare, hospital and life insurance rights, in addition, be
compensated for all time lost, effective November 27, 1974.
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 employe 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.
' On December 2, 1974, the carrier wrote to the claimant, with copy to his
Local Chairman, as follows:
"You are charged with soliciting another employee to falsify a
signature on a pay check stolen from Electrician J. C. Custer;
removing a stolen pay check from company property, and cashing
same at Floyd Street Liquors on ox about November
8,
1974.
"Investigation will be held at 9:00 a.m., Friday, December
6,
1974, in the assembly room, Manager's Office Building,. South
Louisville Shops.
Form 1 Award No.
7235
Page
2
Docket No.
7101
2-Z&N-FO-'77
"Arrange to be present with your representative, if you desire one,
and any witnesses you may care to have testify in this case."
The investigation was held on December
17, 1974,
having been postponed
by mutual consent, claimant was adjudged guilty by the carrier as a result of
evidence adduced at the investigation, and claimant was dismissed from the
service of the carrier by letter from the General Superintendent-Shops, dated
January
6, 1975.
Claim for reinstatement was submitted on the grounds that claimant was
unjustly treated and therefore denied the protection of the Controlling
Agreement, Rule
32,
Discipline, i.e. that claimant was denied a fair hearing.
Based upon a careful review of the record before us we find sufficient
evidence of probative value to hold that: (1) Claimant was afforded a fair
and impartial hearing;
(2)
the finding of guilty of the charge is supported
by substantial evidence; and
(3)
the discipline imposed was reasonable.
The claim will 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
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 4th day of March,
1977.