Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8687
SECOND DIVISION Docket No.
8293
2-S Pr-MA-'81
The Second Division consisted of the regular members and in
addition Referee M. D. Lyden when award was rendered.
( International Association of Machinists and
Parties to Dispute: ( Aerospace Workers
(
( Southern Pacific Transportation Company
Dispute: Claim of Employes:
1. That Carrier improperly suspended Machinist J. W. Telphy (hereinafter
referred to as Claimant) from service on May
17, 1978,
and subsequently
dismissed him on June
19, 1978.
2.
That Carrier be ordered to compensate Claimant for all wage loss from
May
17, 1978,
to date of restoration to service on December
3, 1978.
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.
The rules of evidence and proof are very clear in arbitration matters. The
burden of proof to prove innocence and/or guilt is the responsibilitys respective
of organization, with the employee in question as well as the Carrier. The
identified members of the Carrier alleged that Mr. J. W. Telphy was holding a can
in his hand assumed to be an alcoholic beverage (clerk Blackford, Foreman Dunn,
Supervisor Garcia), although in testimony, members of management in fact did not
examine the contents of the bag. Likewise, it is the responsibility of the employee
and the organization to vindicate himself from the alleged charges. This could
have been done very easily, had Mr. Telphy opened the bag for examination; removLag
contents himself in front of six witnesses or in subsequent meetings. The Carrier's
leniency is well noted. Claim of Employee denied.
A W A R D
Claim denied.
Form 1
Page 2
Attest: Executive Secretary
National Railroad Adjustment Board
Award No. 86.7
Docket No. 8293
2-SPT-MA-181
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By
osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 29th day of April, 1981.