Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
731
SECOND DIVISION Docket No. 7171
2-C&O-EW-'77
The Second Division consisted of the regular members and in
..addition Referee David P. Twomey when award was rendered.
( System Federation No.
4,
Railway Employee'
( Department, A. F. of L. - C. I. 0.
Fatties to
dispute: ( (Electrical
Workers)
(
( Chesapeake aid Ohio Railway Company
Disputne: Claim of Eployes:
l. That the Chesapeake and Ohio Railway Company violated the current
Agreement when it unjustly dismissed Electrician Tommy D. Roop
on October
17, 197+.
2. That, accordingly, the Chesapeake and Ohio Railway Company be
ordered to restore Electrician
Tory
D. Roop to service with
seniority unimpaired and compensate him for all time lost
subsequent to and including October
17, 197+,
and restore all
other benefits he would have had if he had remained in service.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
&11 the evidence, finds that:
The carrier or carriers and the employe or employee involved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved June 21,
193+.
This Division of the Adjustment Board has Juxisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
The Claimant, Electrician T. J. Roop was notified by letter dated
September
16, 197+,
to attend an investigation to be held on September 23,
7.974,
on the following charges:
"You are charged with responsibility in connection faith
your willful neglect of duty by absenting yourself from
duty without permission and conduct unbecoming an
employe during your assigned hours 11:00 P.M., August 31,
to 7:00 A. M., September 1,
197+
at or about 5:00 A. M.,
Eastern Daylight Saving Time, September 1,
1974
at
Shelby, Kentucky."
Form 1 Award No.
731,8
Page 2 Docket No. 71.71
14000,
2-C&O-EW-'77
The investigation was held on September 23,
197+.
Thereafter, by letter
dated October 17,;197+, the Carrier notified the Claimant that he had been
found guilty of the charges and that he was dismissed from the service of
the Carrier. The record of the investigation along with a17* other,pertinen t
documents axe. now before this Board.
We find that the Claimant received proper notice of the investigation
and was given a proper charge. We find that the Claimant and his able
representative were given full opportunity to question all witnesses and
to present the Claimant's case as they chose.' We find that there is
substantial evidence in the record before the Board to support the Carrier's
finding of guilt on the charges brought against the-Claimant. We find
from the narrow circumstances of the record before us, including the
Claimant's 'clear service record, that the discipline of dismissal is
excessive. We therefore order that the Claimant be restored
to
service
with all rights unimpaired but without back pay or any other back monetary
benefit.
A W A R D
,Claim.sustained as per findings.
Attest: executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By . .."i r ¢2:2.
t
e_ ,(_..~. Z Cf.2.~t.,:/C--~''
osemarie Branch - Administrative Assistant
Dated at Chicago, Illinois, this 5th day of July,
19'7.