Form 1 TATIOTTA.Z RAIZRO AD ADS-CJ'SU-1E1TT BOARD Award No.
7381
SrCONT DIVISION Docket No.
7272
2-AT&SF-F 0-' 77
The Second Division consisted of the regular mem'oers and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( System Federation No.
97,
Railway Employes'
( Department, A. F. of L, - C. I.O.
Parties to Dispute: ( (Firemen & Oilers)
( Atchison, Topeka & Santa Fe Railway Company
Dispute: Claim of Employes:
(1) That under the current agreement Laborer L. A. Walton was unjustly
dismissed from the service of the Carrier as a result of an investigation held on May
7, 1975
at Newton, Kansas.
(2)
That accordingly the Carrier be ordered to reinstate the Claimant
with his seniority, vacation, hospital, and insurance rights
unimpaired and also that he be additionally compensated at his
applicable hourly rate of pay for all time lost retroactive to
April
23, 1975,
and to continue on the same basis until he is
returned to service.
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 Jane
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.
Claimant was dismissed from service for violation of Rules 18 and
3l+
of the General Rules fox the Guidance of Employes. The specific offense
with which he was charged was "theft of railroad property".
Review of the record shows no reason for the Board to find that the
investigative hearing was other than fair or impartial or that the resulting
action was capricious, discriminatory or arbitrary. In these circumstances,
there is no cause for the Board`s intervention in the disciplinary procedure
as executed by the Carrier.
Form 1
?age 2
Claim denied.
Attest: :executive Secretary
National Railroad Adjustment Board
Award No.
731
Docket No. 7272
2-AT&SF-yO-'77
_400r~
A W A R D
NATION4L RA_ILRCAD ADJUSTNETVf BOAR
By Order of Second Division
BY ~~
~-/L~'s~-~
'otemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 1st day of November, 1977.