Form 1 NATIONAL RAILROAD ADOUSTME^IT BOAd.RD Award No. 8114
SECOND DIVISION Docket No. 7985
2-A8oS-CM-' 79

The Second Division consisted of the regular members and in addition Referee Herbert L. Marx, Jr. when award was rendered.

( System Federation No. 2, Railway Employes'

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

Parties to Dispute: ( (Carmen)

( Alton and Southern Railway Company

Dispute: Claim of Employes:

1. That under the current agreement, Carman Larry Burroughs was

unjustly dismissed from the service of the Alton and Southern

Railway Company beginning July 21, 1977 account his violation

of General Rule N (4) of the Uniform Code of Safety Rules. His

personal record z-ras also assessed.

2. That accordingly, the Alton and Southern Rail-vray Company be ordered

to compensate Car-an Larry Burroughs for all time lost, plus six

percent (6;,) interest on wages, reinstatement to service with

seniority risiits, vacation rights, and all other benefits that are

a condition of emplornent unimpaired, reimbursement for all losses

sustained account loss of covera_ae under health and welfare and

life insurance agreements during the time held out of service.

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.

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 sibject to investigative hearing on July 27, 1977, concerning his "alleged inability to protect your assiCrmient at 4:00 p.m., July 20, 1977, and falsifying your reasons for laying off at approximately 3:35 p.m-, JuJ,r 20, 1 977". As a result of the hearing, he was dismissed from the Carrier's service "account your violation of General Rule 1r (4) of the Uniform Code of Safety Rules."
Form 1 Award No. 8114
Page 2 Docket No. 7955
2-A&S-CM-' 79
Rule N (4) reads:

"... Employes must not be ... dishonest."

At the hearing, the organization objected that the charge given to the Claimant in advance of the hearing was not precise, as required by Rule 19 (e). The Board does not agree. Claiman' -:nd the organization were fully aware as to the date, time, and circiunstances with which the hearing would be concerned. Claimant was provided full onrortunity to explain the disparity between his reason for laying off on the day in question, and the contrary circumstances in which two Carrier representatives found him at the time he claimed he was too i11 to work. A finding by the Carrier that Claimant had violated Safety Pule N (4) logically followed.

Nor, under the circumstances, is there any basis on which to question Carrier's suspension of the employe pending the investigative hearing.

The Board sees no grounds on which to intervene in the disciplinary action taken by the Carrier.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTnETIT BOARD

By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Board

-..,,Rvsemarie Brasch - Administrative Aasisuant

Dated a Chicago, Illinois, this 27th day of September, 1979.