Form 1
Parties to Dispute:
Dispute: Claim of fmployes:
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
Award No. 10374
Docket No. 9555
2-NRPC-EW-185
International Brotherhood of Electrical Workers
National Railroad Passenger Corporation
1. That the National Railroad Passenger Corporation (AMTRAK) violated Rule
23 of the controlling agreement effective September 1, 1975 when they
denied Electrician S. G. Jones the right to a fair and impartial
investigation on
April 11, 1980, subsequently, unfairly and unjustly
assessed him thirty (30) days suspension as per Notice No. Two dated
April 22, 1980 plus, in Notice No. Three dated April 22, 1980, activating
fifteen (15) days deferred suspension as per Notice No. One dated
January 28, 1980.
2. That, accordingly, Electrician S. G. Jones immediately be returned to
the service of the Carrier and made whole all seniority rights, vacation
rights, holidays, health and welfare benefits and all other benefits
that are a condition of employment unimpaired and compensated:
1. eight (8) hours at the punitive rate for
April 11, 1980;
2. eight (8) hours at the straight time
rate, five (5) days a week commencing
April 26, 1980 and continuous until
returned to service or until June 4, 1980
inclusive; plus 6% annual interest
for all such lost wages;
3. eight (8) hours at the straight time
five (5) days a week commencing
June 4, 1980 and continuous until
returned to service or June 27, 1980
inclusive, plus 6% annual interest
for all such lost wages.
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 disputes
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.
Form 1 Award No. 10374
Page 2 Docket No. 9555
2-NRPC-EW-'85 __
Claimant S. G. Jones, an Electrician and Local Chairman at Carrier's Facility
in Kansas City, Missouri, was charged on March 25, 1980 with
Failure to perform your duties as an Electrician on Train 304
as directed by your Supervisor on March 16, 1980, thereby
violating Rules H, I, K and Y of the NRPC Rules of Conduct.
A hearing into the matter was held on April 11, 1980. At the conclusion of
that hearing, Claimant was found guilty as charged and assessed a 30-day suspension.
A review of the hearing Transcript and the additional documents making up
the record of this case reveals that the Foreman contends that he gave the Claimant
a direct order to make repairs on Train 304. It also reveals that Claimant denies
that any orders were given to him by the Foreman.
In deciding who is telling the truth, a trier of the facts must make certain
credibility judgments. In this case, the Hearing Officer concluded that the
orders were given to the Claimant and he did not obey them. We find nothing in
the record to authorize this Board to set aside Carrier's decision on the credibility
question.
This Board has also reviewed the record of this case with Petitioner's claim
of procedural violations in mind. We can find no support for its position. Claimant
was afforded all rights granted him by Agreement and was found guilty as charged. ~r
This Board shall deny the instant claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
00
Attest:
Z
Nancy er - Executive Secretary
Dated at Chicago, Illinois, this 17th day of April 1985.