Form 1 NATIONAL RAILRMD ADJUST1ENT BOLnD Award No. 8165
SECOND DIVISION Docket No. 7938
2-CR-CM-' 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 E moloyesi

1. That the Carrier violated the controlling agreement when on

April 15, 1_97 7, i t arse-sed fifteen days ac~;u%l suspension,

April lg, 19, <'0, 21, 22, 25, 26, 2~I, 20, 29; 1:"ay 2, 3,

6, 1977, to Carman Painter 1:1ichael F . Kin, CoiRail Repair

Facility, Reading, Pennsylvania, as a result of a hearing and

investigation conducted on April 6, 1977.

2. That accordingly the carrier be ordered to com_nensate Carman Painter ?.2ichael F. Kin the fif teen days actual suspension as well as airy other ccr:neisation the Cla_i.riant would have earned during the fifteen-dav% period he ;:as servir4=, his discipline; and further that the Carrier remove all record of this discipline and gnat the Claimant's service record be restored unimpaired.

Flndinps:

The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds gnat:

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 from ;;he service of the C:~rrier for fifteen days for failing to comply with the instructions as to reporting off.
Form 1 Award No. 8165
Page 2 Docket No. 7938
2-CR-C'4-' 79

The Claimant alleges that he was found guilty of an offense not contained in the charge and that the charge was not precise.

Vie have reviewed the notice dated Anril 1, 1977, and find it to meet the test established by this Bard as to its efficiency. Evidence of probative value was presented at this hearing sufficient to support the finding of the hearing officer. The discipline assessed was commens orate with the offense. We will deny the claim.

A 'N A R D

Claim denied.

NATIONAL RAILROAD ADJUST'4ENT BOARD

By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Board

By _
v-semarie Brasch - Administrative Assistant

Dated at Chicago, Illinois, this 14th day of November, 1979.