Form 1
NATIONAL
RAILROAD ADJUSTMENT BOARD Award No. 9707
SECOND DIVISION Docket No. 9385-I
2-AT&SF-I-FO-'83
The Second Division consisted of the regular members and in
addition Referee Herbert
L.
Marx, Jr. when award was rendered.
( Randy C. Sanchez
Parties to Dispute:
( The Atchison, Topeka and Santa Fe Railway Company
Dispute: Claim of Employe:
1. Evidence adduced in the investigation hearing conducted on November 17, 1979,
concerning Claimant's alleged abusive language, insubordination, damaging of
Carrier's property, and leaving the work place without permission was
insufficient to sustain Carrier's burden of "substantial evidence."
2. Carrier's action in placing Claimant in a high noise environment and requiring
Claimant to wear unauthorized ear devices, contrary to Claimant's doctor's
medical instructions, resulted in a constructive discharge of Claimant in
violation of the controlling agreement.
3. Carrier's and Union's conduct at the November 27, 1979 investigative hearing,
deprived the Claimant of a full, fair and impartial hearing.
4. Carrier should be ordered to:
a. Reinstate Claimant with seniority for the period from November 13, 1979,
to the present;
b. Compensate Claimant for all time lost, starting November 13, 1979, to
the present;
c. Make Claimant whole for vacation rights and loss of health and insurance
benefits;
d. Make Claimant whole for loss of any other benefits he would have earned
during the period from November 13, 1979, to the present.
Statement:
The above question was submitted to the Second Division of the National
Railroad Adjustment Board by the above referred to individual in ex parte form,
hearing thereon was waived, and the Division is now in receipt of a request from the
individual that the case be withdrawn.
A W A R D
Claim dismissed.
`NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attes
N Dever - Executive Secretary
Dated at Chicago, Illinois, this 2nd day of November 1983.