C:\AWARDS\OUT\2-08164.htm

Form 1 NATIONAL RAILROAD ADJUST.1ENT BOARD Award No. $1664
SECOND DIVISION Docket No. 79;:7
2 -CR-C_%1-' 79

The Second Division consisted of the regular members and in addition Referee Robert A. Franden when award was rendered.

( System Federation No. 109, Railway Employes'

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

Parties to Dispute: ( (Carmen)
(
( Consolidated Rail Corporation

Dispute: Claim of Em-cloyes:
(a) That the Carrier violated the controlling agreement when on
March 17, 1977 it assessed five days actual suspension,
March 21, 22, 23, 24 and 25, 1977, to Carman Painter `Aichael
F. Kin, ConRail Repair Facility, Reading, Pennsylvania, as a
result of a hearing and investigation conducted on March 1,
1977.
(b) That accordingly the Carrier be ordered to compensate Carman
Painter Michael F. Kin the five days actual suspension as well
as any other compensation the Claimant would have earned during
the five-day period he was serving his discipline; and further
that the Carrier remove all record of this discip;ine and that
the Claimant's service record be restored unimpaired.
Finding

The Second Division of the Adjustment Board, upon the whole record and all the evidence, Snds 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 suspended for five (5) days after an investigation wherein it was determined that he bore responsibility for his unsatisfactory attendance record and excessive tardiness, from January lg, 1977 to February 4, 1977.

Form 1 Award No. 8164
Page 2 Docket No. 7937 2-CR-CM-'79 The transcript of the investigation shows that substantial evidence of probative value was produced to support the finding of the hearing officer. Further, the discipline assessed eras well within the bounds of reason. The procedural issues raised by the claimant as to the fairness of the investigation and the precision of the charge are unsupported. We will deny the claim.

A W A R D

Claim denied. NATIONAL RAILROAD ADJUSTP11,NT BOARD By Order of Second Division Attest: Executive Secretary National Railroad Adjustment Board zz~ By G; ._..-~Ro emarie Brasch - Administrative Assistant Dated at Chicago, Illinois, this 14th day of November, 1979.