Foinn l NATIONAL RAILROAD ADJUSTMENT BOARD Award No, 801
SECOND DIVISION Docket No,
7867
2-C&O-CM-'79
The Second Division consisted of the regular members and in
addition Referee Robert A_ Franden when award was rendered.
. ( System Federation No,
4,
Railway Employes'
Department,, A. F. of L. - C, 1. 0.
Parties to Dispute: (Carmen)
Chesapeake & Ohio Railway Company
Dispute: Claim of Employes:
1. That the Chesapeake and Ohio Railway Company violated Rules 21
and
37
of the controaling agreement when they unjustly assessed
Carman Henry B. Marciun a 30 calendar day suspension (effective
upon his recall from fuurlotzgh) as a result of investigation held
on February 2,
1977.
2. That, accordingly, t]ze Chesapeake and Ohio Railway Company be
ordered to compensate Cayman Marcum in the as~nol.znt of
8
hours
each day,
5
days eac:a. week at the Carmen's applicable straight
time rate for all time held out of service, all such days be
credited as qua.'!ifyi.ng days for vacation purposes and he be
afforded all other benefits accruing to Employees in service.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
a71 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.
Claimant was suspended from the service of the Carrier for
30
days
after having been found at fault in connection with excessive absenteeism,
in failure to protect his assi.gment as Freight Car Repairer and being
absent "No Report" 19 days in violation of Rule 21 of the Shop Crafts
Agreement.
The Claimant alleges that the notice of the charge was not sufficiently
precise so as to permit him to adequately defend against it and that the
Carrier did not meet the burden of proof at the investigation.
Form 1 Award No. $0+l
Page 2 Docket No.
7867
2-C&O-CM-'
79
The notice of the investigation reads in pertinent part as follows:
"You are charged with excessive absenteeism, in failure to
protect your assignment as Freight Car Repairer and being
absent 'No Report'
19
days in violation of Pule 21 of the
Shop Craft Agreement."
The notice of the charge is suff'iciently precise to meet the test set
out by this Board.
We have reviewed the transcript of the investigation and find that
sufficient evidence of probative value was presented at the hearing to
support the charge, In view of that evidence, we find the Carrier's
assessment of a 30 day suspension well within the bounds of reason.
A W A R D
Claim denied.
NATIOTLAZ RAILROAD ADJUSTMENIT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
~_ ___..
BY ~- ,.
-~ .2
-zj
Rcsemarie Bxasch - Adminis°lrative Assistant
Dated at~ Chicago, Illinois, this 15th day of August,
1978.