C:\AWARDS\OUT\2-09002.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9 SECOND DIVISION Docket No. 9325 2-SCL-CM-'82 ( Brotherhood Railway Carmen of the United States Parties to Dispute: ( and Canada

(

( Seaboard Coast Line Railroad Company

Dispute: Claim of Employes:

1. That the Seaboard Coast Line Railroad Company violated the controlling agreement when they unjustly suspended Carman W. M. Joyner from the service of the Company for thirty (30) days, January 23,

1980

through February 21,

1980.

2. That this discipline was imposed upon Carman Joyner not because he was guilty of dishonesty as charged in the notice of investigation,

bc_

to harass and intimidate Mr. Joyner and his witnesses because of a personal injury law suit that Carman Joyner had filed against the Seaboard Coast Line Railroad Company.

That the Seaboard Coast Line Railroad Company violated Rule 32 of the Controlling Agreement and in so doing, they committed the following procedural defects:

(a) They did not give Carman Joyner a prompt hearing.

(b) They apprised Mr. Joyner in writing of the precise charge against: him and in the investigation it was proven that Mr. Joyner was not: guilty of th

precise charge. The Conducting Officer then refused the request of Mr. Joyner's representative to dismiss these false charges brought against Mr. Joyner, therefore, Mr. Joyner did not receive a fair hearing.

ZI.

That accordingly, the Seaboard Coast Line Railroad Company be ordered to compensate Carman Joyner for eight

(8)

hours each day lost due to his suspension from January 23, through February 21,

1980,

at pro rata rate of pay, all overtime he would have made, all other benefits that would have accrued to his position, and that his personal record file be cleared of these unjust charges and discipline.

Statement: The above question was submitted to the Second Division of the National Railroad Adjustment Board by the above referred to organization in ex parte form, hearing thereon was waived, and the Division is now in receipt of a request from the employes that the case be withdrawn.

A W A R D

Claim dismissed. :~~ru 1 Award No. 9002 Docket No. 9325 2-SCL-CM-182 NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division Attest: Acting Executive Secretary National Railroad Adjustment Board By .o rie Brasch - Administrative Assistant Dated at Chicago, Illinois, this 17th day of March, 1()82.