Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10847
SECOND DIVISION Docket No. 10966
2-SP-MA-'86
The Second Division consisted of the regular members and in
addition Referee T. Page Sharp when award was rendered.
(International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
(Southern Pacific Transportation Company
Dispute: Claim of Employes:
1. That the Carrier violated Rule 39 but not limited thereto of the
Controlling Agreement when they improperly dismissed Machinist E. E. Konkel
from service on February 29, 1984. Claimant has since been restored to
service on May 29, 1984.
2. That, accordingly, the Carrier be ordered to compensate Claimant
for all time lost from February 29, 1984, to May 29, 1984.
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.
Claimant had been charged with a Rule G violation on April 15, 1982.
On May 14, 1982 he was held to be in violation of Rule G and was dismissed
from Carrier's service. He was reinstated on a leniency basis on March 15,
1983.
The Carrier determined that Claimant was not complying with the
conditions of this Agreement and he was dismissed on February 29, 1984.
Thereafter, the Claimant began to attend regular meetings and to take his
treatment seriously. Because of this changed pattern of behavior he was again
reinstated on May 29, 1984.
The Claim to this Board is for time lost between the February 29,
1984 date when he was dismissed until the May 29, 1984 date when he was
reinstated.
Form 1 Award No. 10847
Page 2 Docket No. 10966
2-SP-MA-'86
There was substantial evidence to support the action of the Carrier
and the Claim is to be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
ancy J ver - Executive Secretary
Dated at Chicago, Illinois, this 7th day of May 1986.