Form1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10350
 SBCOND DIVISION Locket No. 9887
 2-SGZ-CM-'85



( and Canada, AFL-CIO
 Parties to Dispute:

Dispute: Claim of Employes:
That the Seaboard Coast Line Railroad Company violated the controlling agreement when Carman Raymond Michael Lewis was assessed fifteen (15) days suspension commencing on September 29, 1980 and ending October 13, 1980; this was due to the fact that he would not sign a Company form relative to personal injury.
The Seaboard Coast Line Railroad Company committed a procedural defect when they utilized Master Mechanic R. D. Brigman, Jr. as accuser, hearing officer; reviewer of his own hearing record, assessor of discipline and appeals officer against Claimant R. M. Lewis.
That accordingly, the Seaboard Coast Line Railroad Company be ordered to compensate Carman Lewis for each days pay that he lost due to this violative action; further, that he receive all other benefits he would have received in a normal flow of circumstances as if he had never been suspended.
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form, hearing thereon was waived, and the Division is now in receipt of a request from the employes that the case be withdrawn.







Attest:
        Nancy J./1)r - Executive Secretary


Dated at Chicago, Illinois, this 27th day of March 1985.
 i
    Form1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10350

    SECOND DIVISION Locket No. 9887

    2-SCL-CM-185


            The Second Division consisted of the regular members and in addition Refereee W. J. Peck when award was rendered.


                  ( Brotherhood Railway Carmen of the United States

    ( and Canada, AFL-CIO

    Parties to Dispute:

                  ( Seaboard Coast Line Railroad Company


    Dispute: Claim of Employes:


    That the Seaboard Coast Line Railroad Company violated the controlling agreement when Carman Raymond Michael Lewis was assessed fifteen (15) days suspension commencing on September 29, 1980 and ending October 13, 1980; this was due to the fact that he would not sign a Company form relative to personal injury.


    The Seaboard Coast Line Railroad Company committed a procedural defect when they utilized Master Mechanic R. D. Brigman, Jr. as accuser, hearing officer; reviewer of his own hearing record, assessor of discipline and appeals officer against Claimant R. M. Lewis.


    That accordingly, the Seaboard Coast Line Railroad Company be ordered to compensate Carman Lewis for each days pay that he lost due to this violative action; further, that he receive all other benefits he would have received in a normal flow of circumstances as if he had never been suspended.


    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 J/1)1 6r - Executive Secretary


    Dated at Chicago, Illinois, this 27th day of March 1985.