Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8083
SECOND DNISION Docket No. 7905
2-coo-MA-'79

The Second Division consisted of the regular members and in addition Referee Abraham Weiss when award was rendered,

( International Association of Machinists

( and Aerospace Workers

Parties to Dispute:

( Chesapeake and Ohio Railway Company

Dispute: Claim of Employes:

1. The Chesapeake and Ohio Rail-v,ray Company arbitrarily and capriciously

suspended iv'achini.st E.~-mard Johnson from sex-vice for a period of

thirty (30) days in connection t~Tith investigation held on June

14, 1977

2, Accordingly, Machini: t I-IoTrrard Johnson should he compensated for

all time lost,, credited for all vr:i.nge benefits attacl:).ed to his

eanployrnent, and his record cleared.

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 moaning 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.

This is a companion case to Docket 703 which was considered by this Board at the same time and decided in Anrard

The claim in the instant case is in all basic respects similar to that present and disposed of. in Award 8082 except that it involves a different Claimant.

The matters F~.nd issues in the instant case are identical to those raised and diaposed of in Award 8082 , We reaffirm our findings in Award 8082 , for even stronger reasons based on the record of the case involving the Claimant herein.

In Award 8082we sustained the claim on the ground, among others, that Mr. Pollice,,the employee allegedly threatened with bodily harm, testified that he saw the Claimant charged in that case but that Claimant neither approached nor threatened him. In the instant case, Pollice stated, in a statement submitted to the company the day after the alleged incident: "I was later told by my co-zwrkers, which I dial not see there, that
Form 1 Award No. 8083
Page 2 Docket No. 7905
2-c&o-MA-' 79

Howard Johnson, Jr. was also ,present".

On the basis of this statement, we cannot sustain the charge of threatening bodily harm levelled by the com_t)any against Claimant.

With respect to the other charges filed, our findings are the same as in Award 8082 and for the sane reasons there set forth. Accordingly, we will sustain the claim and direct that Claimant shall be entitled to recover the loss in his pro rata rate of pay for. the period of his suspension, less any compensation which he may have earned in other gainful ey:Aployment during said period.

A W A R D

Claim sustained in accordance with the above Findings,

NATIONAL RAILROAD ADJUSTTIEIV'I' BOARD

By Order of S^cond Division

Attest: Executive Secretary
National Railroad Ad~ustmerrt; Board

BY fi~'~ ~ c_----R0semarf-I.e Branch - Administrative Assistant

Dated L Chicago, Illinois, this 12th day of September., 1979.