Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8890
SECOND DIVISION Docket No. 9023
2-WT-CM-'82
The Second Division consisted of the regular members and in
addition Referee Clarence H. Herrington when award was rendered.
( Brotherhood Railway Carmen of the United Staten
Parties to Dispute:
( and Canada
( Washington Terminal Company
Dispute: Claim of Employes:
1. That the Washington Terminal Company improperly suspended Car Repairman
W, McCullough for twenty (20) days as a result of an investigative hearing
held on October 18, 1979. This action is in violation of rules 18 and 29.
2. Mr. McCullough should be made whole in line with rules 18 and 29. The
Washington Terminal Company should be ordered to compensate Mr. McCullough
for his net wage loss caused by this unjust suspension and for any other
loss he may have been caused to suffe- due to Carrier's miscarriage: of
justice.
Findings:
The Second Division of the Adjustment Board, upon the whole record and all
the evidence, finds :hat:
The carrier or :arriers 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.
Claimant was given a 20 day suspension from service as a result of ui
investigation held on October 18, 1979 on the following charges:
"Excessive Loss of Time from Duty during the month of
September 1979, as follows:
September 1979 - 1, 2, 9, 15, 16, 19, 20, 21 and 22."
Due to documentation produced by the Claimant during the investigation,
Carrier dropped the charge on dates of September 19, 20 and 21, 1979.
The investigation was conducted in a fair and proper manner and the record
reveals no evidence to contradict the Carrier's charge of excessive loss of tame.
There is no evidence that the Claimant was "discriminated against". A reviaw of
Claimant's past record reflects that he was given a reprimand for excessivF loss
of time during the month of August 1979.
Form 1
Page 2
Award No.
8890
Docket No, 90-23
2-WT-CM-'82
This Board has held in numerous awards that an employer has the rigHt to expect
regularity in attendance. There is nothing contained in the record to alter this
general principle.
The Board will not disturb the 20 day suspension penalty imposed by the Carrier.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
BY ~ ~~"~/'~.J
os arie Brasch - Administrative Assistant
Dated a Giiicago, Illinois, this 27th day of January,
1982,