Form 1 ' NATIONAZ RAILR0.4D ADJUSU,1EiIT BOARD Award 110.
8242
SECOND DIVISION Docket No.
8203
2-IC G-FO-' 80
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx,
Jr.
when award was rendered.
( System Federation No.
99,
Railviay Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers)
(
( Illinois Central Gulf Railroad Company
Dispute: Claim of Employes:_
1. That Laborer C. E. Thomas was unjustly disciplined for thirty working
days from May
7, 1978
to June
18, 1978.
2. That accordir ;?vr, the i?1inois Central Gulf Railroad be ordered to
compensate Laborer C. E. Thomas for all time lost during the period from
May
7, 1978
to June
18, 1978
and that all benefits for that period be
restored.
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 given a 30 - ;-corking day disciplinary suspension for failure to
perform his assigned duties in regard to cleaning two locomotives as assigned to him
on April 4,
1978.
Claimant is a Chop Laborer with assigned duties to clean and
supply locomotives and perform other laborer's work.
An investigative hearing was conducted in fair and proper manner. Luring the
course of the hearing, the Claimant stated that he had cleaned the two locomotives
in question and had so indicated by check mark on the appropriate notice board,.
Testimony by Carrier representatives credibly indicated that the locomotives had
not in fact been cleaned.
The Claimant attempted to explain that there had been an exchange of a switch
engine for one of the engines in question, but this did not offer any justification
for his statement that his work had been completed and that he was "caught up".
As to the severity of the penalty, Claimantfs disciplina-r record includes
numerous previous inzracticnc. The Board finds no basis to question tile 30-wo,cking
day penalty which was imposed.
Form 1 Award No.
8242
Page 2 Docket No. 8203
2-ICG-FO-'80
A W A R D
Claim denied.
NATIOML RAILROAD ADJUST= BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By / it
semarie Brasch - Administrative Assistant
Dated ~t Chicago, Illinois, this 16th day of January
1980.