Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10221
SECOND DIVISION Docket No. 10688
2-NRPC-EW-185
( International Brotherhood of Electrical Workers
Parties to Dispute:
( National Railroad Passenger Corporation
Dispute: Claim of &nployes:
1. That under the current Agreement the National Railroad Passenger
Corporation unjustly suspended Electrician D. D. Brooks five days,
effective Monday, May 9, 1983.
2. That under the current Agreement, particularly Rule 23(c) the
National Railroad Passenger Corporation has forfeited its position in
this case account the Regional Manager-Labor Relations failed to
render his decision within 30 days of the date of the appeal was
received by the Carrier; accordingly this claim should be sustained
without consideration of the merits.
3. That accordingly, the National Railroad Passenger Corporation be
ordered to restore Electrician D. D. Brooks 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 agreement 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request from the Bnployes that the case be withdrawn.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: 00,
Nanc ;~Dever - Executive Secretary
Dated at Chicago, Illinois, this 16th day of January 1985.