Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7+31
SECOND DIVISION Docket No. 71+0
2-AT8oSF-BM-'
78
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was rendered.
( System Federation No.
97,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Boilermakers)
(
( Atchison, Topeka and Santa Fe Railway Company
Dispute: Claim of Employes:
That Boilermaker Jack H. Hysten's suspension from service on December
4,
197+
and his removal frarn the service of The Atchison, Topeka and Santa Fe
Railway Company on December 11,
197+
was unjust; and, that accordingly, the
Atchison, Topeka and Santa Fe Railway Company make Boilermaker Jack H. $ysten
whole by;
1. Restoring Jack H. Hysten to his former position with all rights
and fringe benefits unimpaired, including seniority, vacation,
hospitalization and health and welfare.
2. That the Carrier pay Boilermaker Jack H. Hysten eight
(8)
hours
at Boilermakers pro rata rate of pay for each work day for which
employe is held out of service and violation corrected.
3.
In addition to money amounts claimed herein, The Atchison, Topeka
and Santa Fe Railway Company shall pay Claimant an additional
amount of
6%
per anrnun.
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,
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.
By his own admission,Claiznant concedes that he struck his foreman because
Claimant was being harrassed and such harrassment began some two weeks before.
It is also conceded that the alleged harrassment was not called to the attention
of Claimant's representatives.
Form 1
Page 2
Award No. 7131
Docket No. 71+0
2-AT&SF-BM-'78
A review of the record in this dispute, including the hearing transcript,
compels the finding that the substantive evidence of probative value warrants
the action taken by Carrier. Under the circumstances there is no basis for
a
sustaining award
.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 6th day of January, 1978.