Form 1 YATIO7IAL Rkil7OAU A-DJRT'-TNT BOARD Award Ido. 8422
SECOID D:177ISIO.T Docket i1o.
8329
2 -SLST-C.!-' 80
The Second Division consisted of the regular members and in
e
addition Referee Higdon C. Roberts,
Jr.
when award
was rendered.
( System Federation "To. 22, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: (Carmen)
St, Louis-San Francisco Railway Company
Dispute: Claim of Employes:
1. That the St. Louis-San Francisco Railway Company unjustly suspended
Caiman D. C. Polley., Springfield, Missouri, from service on Janusry ::1,
979,
through :'arch 1,
1979,
a thirty (30) day actual sasperrsion.
2. That the St. Louis-San Francisco Railway Company be ordered to com-:- ;sate
Carman Q. D. Polley for a71 time lost due to suspension, alas six
percent
(6;a)
interest, all seniority rights and other benefits that are
a condition of emplo~rment unimp aired.
3.
That Carman C. D. Polley's record be cleared of this instant matt-_r.
Findi n,gs
The Second Divisi on 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 disr^ate '
are reseec ti vely carrier and empl oye
within
the meaning of the Railway Tabor Act
as approved June 21,
1934.
This Division of the Adjustment Board has j urisd'ic-ion over the dispute
involved herein.
Parties to said dispute waived rigght of appearance at hearing thereon..
There are score serious conflicts in the tes tinony of
the
pa=-ties. I t is
difficult to determine if the claimant t;_s actual2LY sleeping do the job.
It
is clear, however, he was not
hie"in
ocxt since the fore-'an kne..r exactly ;There
to
ind
hf
T
~ e-E^a
a~
i~onpt
-"each cla:1-mant b,;
`t
r:e ans of the 'P
.A.
m·jm.
_ he
1__..
unst.cco~s.,_~ to
~T'!
~_
sys tern nay have been the fault of the P. A. sys
t"e-mi,
rather than the inattentiveness
of the claimant. .
The claimant was, haw-ever, in
technical violation of the
rule by not being
f
ally
alert and giving his undivi
dea
attention to his duties.
.:
In view of the
circU-Lances, and the claim :pt's prior record,
~ff,s
find the penalty e;=cessive
and order the 30-day suspension reduced to 10 days.
i
Form 1
Page 2
Attest: Executive Secretat^njj
National Railroad Adjustment Board
Award No. 8422
Docket No.
8329
2-SISF-CM-' 80
A W A R D
Claim sustained to the extent indicated in the Findings.
HN
AT'I01TAL RAILRW.D ADjTUST?vIL'E'1 BOARD
By Order of Second Division
nemarie Brascn - A' .inistre.tive Assistant
Dated ~t Chicago, ILinois, this
23rd day of ju3.y,
1980.