Form 1 NATIONAL RAILROAD ADJUST= BOARD Award No.
8323
SECOND DIrISION Docket No.
8192
2 -BrrI-Ew-
° 80
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
( System Federation No.
7,
Railway Employes'
( Department, A, F. of L. - C. I. 0.
Parties to Dispute:. ( (Electrical Workers)
(
( Burlington Northern Inc.
Dispute: Claim of Employes:_
1. That in violation of the current agreement, Electrician Robert Hamaolia
of Havre, Montana, was unjust3;,r suspended from service of the Burlington
Northern Inc., from April
29, 1978
through May
3, 1978,
inclusive a
period of
5
days.
2,
That accordingly, the Carrier be ordered to compensate Electrician
Hamaoka for the five
(5)
day suspension at pro-rata rate, the record of
suspension be removed from his personal record, together with restoration
of any lost vacation time, railroad retirement benefits, holidays, sick
pay or hospitalization benefits and any other rights, privileges or
benefits he may be entitled to under schedules, rules, agreements
or laws.
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 employer involved in this dispute
are respectively carrier and employe within the meaning 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 raid dir~pute waived right of appearance at hearing thereon.
Robert Hamaoka, the claimant, an electrician at carrier's diesel shops in.
Havre, Montana, was suspended from service for five days for allegedly failing
to protect his assignment on April 1,
1978.
The organization contends that the
claimant was not in violation of arms rules of the controlling agreement. Itspecifically argues that Rule 16 (e) is the only rule in the agreement under
which
the issue can be ocvered.
Rule 16(e) states:
"An employee detained from work on account of sickness or
for arms other good cause shall notify his foreman as early
as possible.
"