C:\AWARDS\OUT\2-10218.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10218 SECOND DIVISION Docket No. 1064() 2-NRPC-EW-185 ( International Brotherhood of Electrical Workers Parties to Dispute: ( National Railroad Passenger Corporation Dispute: Claim of Employes:

1. That the National Railroad Passenger Corporation violated the current

Agreement, particularly Rule 23 - Discipline - Investigation - Appeal

when it failed to obtain a waiver o f formal investigation in accordance

with the procedures required by Rule 23(a) of the Agreement, from

Beech Grove, Indiana Electrician G. A. Roberts and accordingly disciplined

him without first according him a fair and impartial investigation as

required by Rule 23(a) of the Agreement when effective August 10,

1983 it assessed him a 30 days deferred suspension from service,

making effective thereby a previous 30 days deferred suspension,

causing him to be unjustly held from service from August 15, 1983 to

September 12, 1983.

2. That accordingly, the National Railroad Passenger Corporation be ordered to restore Electrician G. A. Roberts 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 Electrician's 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 expunge his record.

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form, hearing thereon was waived, and the Division is now in receipt of a request from the Employes that the case be withdrawn.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 ever - Executive Secretary Dated at Chicago, Illinois, this 16th day of January 1985.