Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9492
SECOND DIVISION Docket No.
9589
2 -N&W-CM-
' 83
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ( and Canada
(
( Norfolk and Western Railway Company
Dispute: Claim of Employes:
1. That the Norfolk and Western Railway Company violated the Rules of the
current working agreement and associated rules; namely, Rules
32, 34,
Agreement dated October 1,
1952,
when Carman A. W. Kelley was assessed
a ten (10) day deferred suspension on October
3, 1980,
as a result of
investigation held on August
15, 1980,
at Buffalo, New York.
2. That, should Carman A. W. Kelley lose any time due to the ten (10)
day deferred suspension assessed on October
3, 1980,
the Norfolk and
Western Railway Company be ordered to pay Carman A. W. Kelley for all
time lost, return him to service with seniority rights unimpaired, make
him whole for all vacation rights, make him whole for all health and
welfare and insurance benefits, make him whole for pension benefits,
including Railroad retirement and Unemployment Insurance, make him
whole for any other benefits that he would have earned during the time
he was held out of service.
3.
That the Norfolk and Western Railway Company be ordered to remove from
Caiman A. W. Kelley's service record any and all reference to investigation held on August
15, 1980,
and assessment of ten (10) day deferred
suspension on October
3, 1980.
That the Norfolk and Western Railway Company be ordered to apologize
to the Brotherhood Railway Carmen of the United States and Canada,
New York Lodge
694
for carrier's harassment of its Local Chairman.
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.
Claimant, A. W. Kelley, is employed as a Carman working in Carrier's coordinated
facility in Buffalo, N.Y. On July 14,
1980,
Carrier charged Claimant with failing
Form 1
Page 2
Award No. 9492
Docket No.
9589
2-N&W-CM-'
83
to follow his Supervisor's order to prepare AAR billing forms
(NP-573's)
for
various cars outside the shop. A hearing into the matter took place. The
transcript of that hearing has been made a part of the record of this case.
A review of that record reveals that C1a-i.mant was afforded a fair hearing,
as required by agreement, and that Carrier was justified in its assessment of
discipline. Claimant did not follow his Supervisor's order to prepare headings
on repair bills for each car in the shop and the specified cars outside the
shop. Claimant failed to complete these assignments at his own peril. He is a
long-term employe who should fully realize his responsibility in following orders.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
BY
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
___007
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 18th day of May, 1983,
low