Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9939
SECOND DIVISION Locket No. 9854
2-CRC-MA-'84
The Second Division consisted of the regular members and in
addition Referee W. J. Peck when award was rendered.
( International Association of Machinists and
Parties to Dispute: ( Aerospace Workers
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That the Consolidated Rail Corporation be ordered to restore Machinist
Julio Perez, Jr. to service and compensate him for all pay lost up to
time o f restoration to service at the prevailing machinist rate of pay.
2. That Machinist Julio Perez, Jr. be compensated for all insurance benefits,
vacation benefits, holiday benefits and any other benefits that may
have accrued and were lost during this period, in accordance with Rule
7-A-1 (e) of the prevailing Agreement which was effective May 1, 1979.
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 employes within the meaning of the Railway Labor Act
as approved June 21, 1934.
This Division o f the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant was employed by the Carrier as a Machinist on date of September 4,
1974. While the record does not so state this was apparently at Carrier's Grand
Central Terminal, New York City, and also although the record does not so state
Claimant apparently was employed at that facility until the event which triggered
this event occurred.
On date of May 4, 1981 Carrier sent Claimant a notice advising him that he
was removed from the service of the Carrier and further that he would be notified
of the charges to be lodged against him and of the time and place of trial. On
date of May 5, 1981 Claimant was advised by Carrier that he would be charged with
unauthorized removal .end possession of company property at approximately 1:30 P.M.
on May 4, 1981, in that ~te had allegedly been observed with two cans of the
Racon Refrigerant in the trunk of his automobile by Conrail Police Officer Joseph
Boughal. Time of the trial May 12, 1981, place, the Office of the Assistant
Master mechanic Track 39, Grand Central Terminal.
Form 1 Award No. 9939
Page 2 Docket
No. 9854
2-CRC-MA-184!
The trial
was
held as scheduled, but the Claimant did not appear, and other
than coming onto the property to pick up his check has not been seen since. He
was
represented in absentia by the Local Shop Steward.
On date of May
14, 1981
Claimant
was
advised by Carrier via mail service
that he
was
"assessed the discipline of dismissal in all capacities."
In their submission to this Board Carrier contends that the claim should be
dismissed as not properly before this Board. They also contend that the charges
were clearly proven and that the claim should be denied.
In considering all of the
facts
and evidence in this case, it is clear that
the Claimant did take the coolant.
A WA R D
Claim denied.
NATIONAL RAILROAD
ADJUSTMENT BOARD
By Order of Second Division
Attest; ~~ee'40 ~ .
Nancy . D'er - Executive Secretary
Dated at Chicago, Illinois, this 6th day of June,
1984