Form 1
D1
s ute : Claim 07'
~_~.__~_~
KATI01`dAL RA ILROAD ADJUSTI~-ENT BOARD Award No.
7718
SECOND DhIIKON Docket No.
7558
2-HB&'.i--C1.:-'
78
The Second Division consisted of the regular members and in
addition Referee Irwin M. Lieberman when award. was ,rendered.
( System 1'edex'wcion No. 2, Rai1ms,y Employes'
( I)epai'u.:nerxt, .A. F. of L.
_
Parties to DisnutoL (Carmen)
( Houston Belt and T ewziral Railiray Company
1. 'that the Iieaston h,e1t and Terminal Railroad Company violated the
agreement Of September J_,
1949,
particularly ;-i"11e 29,
4'Ti.Gn
they
unjustly sv=_spend:ad Car Inspector W. E. Cc1.llxn? from their service
on date of a~x..1_y 30,
1975
and subsequently dismissed h~.rn on date
s ~-
of
Aur;u;;~ a'0,
1975.
TI-,a-L accordingly, the Houston Belt and Tepninal Railroad Company
be ordered to
COr::pCT1>ate
Car Inspector M. H. Collum as follows:
(a) F-~y1W
(,0-))
hours p°r day, five days per week at pro rata
rate, beginning d'l:l;y <.0l9j'j,
?,`.a
continuing until Car inspector
T·i. E Colbzn is returned to service,
(b) Returned to service with seniority rights unimpaired,
2.
Findings:
(c) Made whole for all vacation rights,
(d) Nlade whole for 4,.'1.1 his ex' ;:nse account loss of health and
welfare and insurance benefits,
(e) Made whole for pension benefits including Railroad P·~tirer._ent
and unemployment insurance,
(f) Made va'no:Le for any other benefits he would have earned durin~',
the period he is held out of service.
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier ox carriers and the employ e or employes involved in this
dispute are respectively carrier and er!lploye within true meaning of the
Rai3.way Labor Act as approved a;une 27_,
1934.
This Division o:!: the Adjustment Soard has jurisdiction over the dispate
involved herein.
parties
t0
said dispute waived right of o.ppf:u.x'atc^C-' at hearing thereon.