C:\AWARDS\OUT\2-09454.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9454 SECOND DIVISION Docket No. 9467
2-C&o-EW-'83 The Second Division consisted of the regular members and in addition Referee James F. Scearce when award was rendered. International Brotherhood of Electrical Workers Parties to Dispute: Chesapeake and. Ohio Railway Company Dispute: Claim of Employes

1. That the Chesapeake and Ohio Railway Company unjustly and arbitrarily suspended from service on May 2, 1980 and subsequently dismissed Electrician Glen C. Bailey from service on June

1980.

2. That the Chesapeake and Ohio Railway Company violated the current agreement when they failed to afford Electrician Glen C. Bailey a fair and impartial hearing.

That accordingly, the Chesapeake and Ohio Railway Company be ordered to restore Electrician Glen C. Bailey to service with his seniority rights

unimpaired, all

other benefits he would have been entitled had he not been dismissed from service and be compensated for all wages lost beginning on May 2, 1980 until reinstated to service account of the improper suspension and dismissal from service.

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 a companion case to Award 9453 involving the discharge of the Claimant on the charge of theft of crossties. The fact situation is the same for both cases in that the Claimant was at the location where new crossties were being removed from a stockpile along the right-of-way. The Claimant's hearing was held in conjunction with that of Seagraves Award No.9453, the fact situation identical and the defense the same. We find no basis to reach any different conclusion here than in the other case.

A W A R D

Claim denied. Form 1 Award No. 9454 Page 2 Docket No. 19467 2-C&0-EW- 83 NATIONAL RAILRQAD ADJUSTMNT BOARD By Order of Second Division Attest: Acting Executive Secretary National Railroad Adjustment Board By _ Rosemarie rasch - Administrative Assistant Dated at Chicago, Illinois, this 20th day of April, 1983.