Foam 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7762
SECOND DIVISION Docket No. 7569
2-CR-EW-'78

The Second Division consisted of the regular members and in addition Referee George S. Roukis when award was rendered.

( System Federation No. 100, Railway Employes'

( Department, A. F. of Z. - C. I. 0.

Parties to Dispute: ( (Electrical Workers)

( Consolidated Rail Corporation

Dispute: Claim of Employes:

1. That under the current agreement, Electrician William Sibick was unjustly dismissed from the service of the Erie Lackawanna Railway Company, now Consolidated Rail Corporation, following an investigation held February 8, 1976.

2. That accordingly the Carrier be ordered to restore to the aforesaid employe all pay due him from the first day he was held out of service until the day he is returned to service, at the applicable Electrician's rate fox each day he has been improperly held from service; and all benefits due him under the group hospital and life insurance policies fox the above mentioned period; and all railroad retirement benefits due him including unemployment and sickness benefits due him for the above described period; and all vacation and holiday benefits due him under the current vacation and holiday agreements fox the above described period; and all other benefits that would normally accrue to him had he been working in the above described period in order to make him whole.

Findings:

The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier ox carriers and the employe ox employer involved in this dispute axe 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.

Par-ties to said dispute waived xigrt of appearance at hearing thereon.

Claimant was charged with violating Safety Rule 106, which is vexbaomly quoted as follows:

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