Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10803
SECOND DIVISION Docket No. 10905
2-NRPC-EW-'86
The Second Division consisted of the regular members and in
addition Referee Leonard K. Hall 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 has unjustly suspended Chicago Electrician Ronald Brown from
service 5 days, held in abeyance, effective March 30, 1984.
2. That accordingly the carrier be ordered to restore Electrician
Ronald Brown 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.
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
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.
This dispute initially involved a suspension of five working days,
the serving of which was held in abeyance. The notice of discipline addressed
to the Claimant on March 30, 1984 so stated, and is recognized as such in Item
1 under the marginal caption "DISPUTE: CLAIM OF EMPLOYES."
Under Item 2 the Claim is expanded to one for restoration to service
with seniority unimpaired with all pay due the Claimant from the first day
held out of service until the day he is returned to service and other benefits.
Form 1 Award No. 10803
Page 2 Docket No. 10905
2-NRPC-EW-'86
The Notice of Discipline dated March 30, 1984 further stated that if
no other discipline is assessed within the six month period he would not be
required to serve the suspension; but that if assessed any other discipline
during the six month period, the suspension would be activated as a result of
the second Investigation.
There is no evidence that a second Investigation was involved in this
dispute, nor is there any evidence that the Claimant was required to serve the
suspension; and, moreover, there is no evidence that he was disciplined beyond
the five-day deferred suspension.
The Claim as initially presented and appealed on the property was
that the suspension of five days be removed from the records. The General
Chairman appealed the initial declination and identified it in this manner:
"Appeal of five (5) day deferred suspension imposed
upon Chicago, Illinois Electrician Ronald Brown.
Claim can be identified as your file Cr-IBEW-284."
The declination of the Claim by the Carrier's Representative to the
General Chairman twice identified the Claim as a five-day deferred suspension
in a letter that confirmed the conference and declination of the Claim.
The General Chairman rejected the decision and stated the Claim would
be progressed to a neutral.
On balance, we are required to consider the Claim as a whole, not
fragments of it. The Claim as noticed to this Division of the Board is not
the same as handled by the parties on the property.
While we would prefer to rule on the merits, the state of the record
is such that we must reluctantly dismiss the Claim.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: . ~ G
wpe
Nancy J. D v - Executive Secretary
Dated at Chicago, Illinois, this 26th day of March 1986.