Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8541
SECOND DIVISION Docket No. 8282
2-SLSF-CM-180
The Second Division consisted of the regular members and in
addition Referee David H. Brown when award was rendered.
( Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(
( St. Louis-San Francisco Railway Company
Dispute: Claim of Employes:
(a) That the St. Louis-San Francisco Railway Company unjustly suspended
Carman Apprentice Maurice King, Birmingham, Alabama permanently from
service following the investigation on October
31, 1978.
(b) That the St. Louis-San Francisco Railway Company restore Carmen
Apprentice Maurice King to service with all seniority rights and
vacation rights unimpaired.
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.
This is an appeal of discipline of termination assessed after formal
investigation revealed that Carman Apprentice King had repeatedly failed to keep
current with his correspondence course lessons prescribed in his training.
Under all the circumstances, we find that the discipline has accomplished
its purpose and that Mr. King offers prospect of valuable service to Carrier.
Accordingly, we order Claimant restored to duty without loss of seniority but
without back pay. Mr. King is cautioned that this Board will not look kindly
upon further delinquency of similar nature.
A W A R D
Claim sustained in conformity with foregoing findings.
F orm 1
Page 2
Attest: Executive Secretary
National Railroad Adjustment Board
Award No. 8541
Docket No. 8282
2-SLSF-CM-'80
NATIONAL. RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By
~Rcfsemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 10th day of December, 1980.