Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7871
SECOND DIVISION Docket No. 7761
2-CR-CM-'79
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
( System Federation No. 1093 Railway Employer'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Consolidated Rail Corporation
Dispute: Claim of Er_tployes;
(a) That the Carrier violated the controlling agreement when on
July 293 19763 it assessed a five days actual suspension
August 163 173 183 19 and 203 19763 to Car Repairer David L.
Knarr3 ConRail Repair Facility, Reading, Pennsylvania, as a
result of a rearing and investigation conducted on July 273 1976.
'(b) That accordingly, the Carrier be ordered to compensate Car
Repairer David L. Knarr the five days actual suspension plus
1-1/2 hours for attending the hearing, plus remove the five days
actual suspension from his service record_
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 employer involved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved June 213 193.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The decision reached in companion Award 7870 is dispositive of this
case. We find no evidence that the five (5) days suspension was improperly
imposed of inconsistent with the record.
We will deny the claim.
A W A R D
Claim denied.
Form 1 Award No. 7871
Page 2 Docket No. 7761
2-CR-CM-179
NATIC{VAZ RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
BY
semarie Brasch - Administrative Assistant
Dated a Chicago, Illinois, this 28th day of March, 1979.