Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9656
SECOND DIVISION Docket No. 9352
2-BN-EW-'83
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( Burlington Northern Railroad Company
Dispute: Claim of Employes:
1. That in violation of the current Agreement, Electrician C. W. Hodgin
was unjustly dismissed from service of the Burlington Northern Inc.,
following Investigation held on date of August 7, 1980.
2. That in further violation of the Agreement, (Rule 35) Carrier failed
in their responsibility in affording Claimant a fair and impartial
Hearing and thus stands procedurally defective in the instant claim.
3. That accordingly, the Burlington Northern Inc., be ordered to make
the aforementioned C. W. Hodgin whole by restoring him to its service
with seniority rights unimpaired, plus compensation for all lost wages,
and that all vacation benefits, railroad retirement benefits, and all
other benefits, right, and privileges due said Claimant under the
prevailing schedule rules, agreements or laws be restored. Claim to
begin August 29, 1980.
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request from the employes that the case be withdrawn.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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: '
Nancy er - Executive Secretary
Dated at Chicago, Illinois, this 21st day of September, 1983.