Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9946
SECOND DIVISION Docket No. 10019
2-NRPC-EW-' <34
The Second Division consisted of the regular members and in
addition Referee Paul C. Carter when award was rendered.
( International Brotherhood
of Electrical Workers
Parties to Dispute:
( National Railroad Passenger Corporation
Dispute: Claim of Employes:
1. That under the current Agreement the National Railroad Passenger
Corporation (Amtrak) unjustly suspended Electrician M. Schiappa from
service five (5) days, effective August 14, 1981 causing him to
actually be held from service one (1) day.
2. That accordingly, the National Railroad Passenger Corporation (Amtrak),
be ordered to restore Electrician Schiappa to service with seniority
unimpaired and with all pay due him from the first day he was held out
of service until the day he is returned to service, at the applicable
Electricians rate of pay for each day he has been improperly held .from
service; and with all benefits due him under the group hospital and
life insurance policies for the aforementioned period; and all railroad
retirement benefits due him, including unemployment and sickness
benefits for the aforementioned period; and all vacation and holiday
benefits due him under the current vacation and holiday agreements for
the aforementioned period; and all other benefits that would normally
have accrued to him had he been working in the aforementioned period in
order to make him whole; and to expunge his record.
Findings:
The Second Division of the Adjsutment 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 of 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 Carrier as an electrician at Wilmington, Delaware,
with starting time of 7:05 A. M. On June 12, 1981, Claimant was instructed to
attend an investigation scheduled for 9:00 A. M., June 1 7, 1981, on the charge:
"VIOLATION:
Violation of that part of Rule K of the N. R. P. C. Rule of Conduct
reading as follows:
Form 1
Pa ge 2
Award No. 9946
Docket No. 10019
2-NRPC-EW-"84
Employees must
...
attend to their duties during the hours prescribed
and comply with instructions from their supervisor.
SPECIFICATION:
You were assigned by Foreman T. Aponte at approximately 7:05 A. M., May
18, 1981 to work M. P. and cut the 'A' truck on M. U. #810. By 9:15
A. M., May 18, 1981, the only work that you had performed was the
cleaning of the reverser. °
The investigation was postponed and conducted on July 17, 1981. A copy of
the transcript of the investigation has been made a part of the record. The
Claimant was assessed discipline of a five-day suspension. On appeal the
discipline was reduced to two days, with Claimant actually serving one day, the
second day being held in abeyance.
Based upon our study of the record in the case, and considering the manner
in which the entire matter was handled, we conclude that discipline was not
warranted against the Claimant. We will award that he be paid for the one day
that he actually lost.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
;e
0
Attest:
Nancy J. ,pgr - Executive Secretary
Dated at Chicago, Illinois, this 6th day of June, 1984