Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8856
SECOND DIVISION Docket No.
9038
2-L&N-FO-'82
The
Second Division
consisted of the regular members and in
addition Referee Clarence H. Herrington when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute:
( Louisville and Nashville Railroad Company
Dispute: Claim of Employes:
1. That tinder the current and controlling agreement, Service Attendant,
T. L. Sewell was unjustly suspended from service on August
9, 1979,
and
subsequently dismissed on September
28, 1979,
from service of the
Louisville and Nashville Railroad Company, after a formal investigation
was held in the office of Mr. J. D. Tompkins, Conducting Officer, on
September
5, 1979.
2. That accordingly T. L. Sewell, Service Attendant, be restored to his
regular assignment at South Louisville Shops with all seniority unimpaired,
vacation, health and welfare, hospital, life and dental insurance be paid
and compensated for all lost time, effective August
9, 1979,
date Mr.
Sewell was suspended from service, and the payment of
6%
interest rate
added thereto.
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, 193+.
This Division of the Adjustment Board has jurisdiction aver the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant T. L. Sewell was employed as a Service Attendant by the Carrier at
its Louisville, Kentucky facilities on October
4, 1976
and worked as such until
he was suspended from service on August
9, 1979,
for failure to comply with
instructions and threatening his supervisor. A hearing into the matter was held
September
5; 1979.
Claimant was found guilty and on September
28, 1979
dismissed
from service.
The Board has carefully reviewed the entire record, including the transcript
of the investigation conducted on September
5, 1979·
The transcript of the
proceedings reflects that substantive evidence of probative value was presented
to support, the Carrier's findings. We will not disturb the Carrier's findings in
this regard. Accordingly, we will uphold the Company's discipline and deny the
claim.
A W A R D
Claim denied.
Form 1 Award No. 8856
Page 2 Docket No.
9038
2-L&N-FO-'82
NATIONAL RAIT.ROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
-__ c-_ - _. _
By __ _
e rie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 6th day of January, 1982.