Form 1 iVATIONAZ RA! LROAD ADJC;ST1~,'= BOARD Award !':o.
730
SECOND DI-TISTON
Dccket
-1o.
2-LP,:i~i-F 0-'
7 7
The Second Division consisted of the reoalar members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
System Federation iTo. 91, Rail-may Jmpl oyes
Department, A. F. of L. - C. 1.
0.
(Firemen & 0_1ars)
Louisville and ~.iashville railroad Company
parties to Disbute:
Dispute: Claim of r_'~,nployes:
1. That under the Current and Controlling Agree_~nent, Service Attendant
R. K. Trotter was unjustly suspended from the service of the
Louisville and Nashville Railroad Company on July
9, 1975,
and
after a formal investigation was held in the office of Mr. R. L.
Spain, Staff Asst. to Manager, was dismissed from service on
August
13, 1975.
That accordingly, Service Attendant R. H. Trotter be restored to
his assignment at South Louisville Shops with all seniority rights
unimpaired, vacation, Health and ;welfare, Hospital and Life
insurance rights be paid and compensated for all lost time,
effective July
16, 1975.
2.
Finding;
The Second Division of the Adjustment ?oard, 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, 1Q3L.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant, who had been in Carrier's service about one year and four
months, was dismissed from Carrier's service on August
13, 1975,
follorn ng
investigation on the following charges:
"You axe charged writh uncivil, profane and
insubordinate
actions toward Asst. Divn. Mgr. C. L. Little and De-pt.
Foreman R. K. Harris, on Sunday, July
o,
1975,
at aplroximately
9: 15
a.m., and T,rith 1 saving your job assignment
without permission on July
5, 1975,
at apmroxi.°r:ately,
12:20 p.m. and again on July
o,
1975,
at apprcxi.Lately
9:30
a.m.'`
Form 1 Award
:To.
7380
Page 2 Docket No. 728
2_r.&2,T_Fp_ = 77
The Board has carefully reviewed the transcript of the investigation
and find that none of claimant's substantive procedural rights was violated.
The Board also finds claimant was guilty of insubordination in deliberately
leaving the job without permission on July
5
and
6, 1975.
Further, his
actions toward the Assistant Division Manager and Department Foreman on
July 6, 1975,
were offenses that cannot be condoned.
Based on all the facts, there is no basis for disturbing the action
of the Carrier.
A
TnI
P. R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
losemarie Brasch -'Administrative Assistant
Dated at Chicago, Illinois, this 1st day of November,
1977.