Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8o43
SECOND DIVISION Docket No. 7871
2-L&N-CM-'79
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden when award was rendered.
( System Federation No. 91, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Louisville and Nashville Railroad Company
Dispute: Claim of Employes:
I., (a) That Carman K. L. Counce, hereinafter referred to as the
Claimant, Birmingham, Alabama, was improperly withheld from service
from September 2,
1976,
through November
30, 1976,
inclusive, in
violation of Rule
34
of the Agreement, and that
(b) Accordingly, the Louisville and Nashville Railroad Company,
hereinafter referred to as the Carrier, be ordered to compensate.
Mr. Counce for all time lost from September 2,
1976,
through
Noverrioer
30, 1976,
inclusive, including all straight time rates;,
all overtime that he would have earned,
plus 6°%
interest.
2. (a) That the Carrier is reading into the Agreement that which is
not covered when they give "actual days suspension" to it's
employees such as the Claimant, that
(b) Accordingly, the Carrier should be advised that such action:,
as given the Claimant prior to negotiations are improper and not;
covered by the Agreement.
(a) That the Carrier was improper when it failed to apprise the
Local Committee of the charge placed against the Claimant or that
the Carrier failed to furnish Employes' Exhibits A and B until
days after the date of charge, and that
(b) Accordingly, the Carrier should b e made to make Mr. Counce whole
for all time withheld and to clear Mr. Counce's personal file.
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,
1934.
Form 1
Page 2
Award No.
8o43
Docket No.
7871
2-L&N-CM-'
79
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 90 days
for refusing to obey instructions and for leaving the Carrier's premises
without permission.
The record reflects that claimant did in fact refuse to obey an
instruction from his foreman and then absented himself from the Carrier's
premises without permission. A ninety day suspension is not an unreasonable
penalty for the offenses. We will deny the claim.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
-I-.----~yc.~%
--Rosemarie Brasch - Administrative Assistant
Dated ~t Chicago, Illinois, this 15th day of August,
1979.