Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11004
SECOND DIVISION Docket No. 11008
2-MP-MA-'86
The Second Division consisted of the regular members and in
addition Referee W. J. Peck when award was rendered.
(International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
(Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. Claim in behalf of Machinist R. D. Davis due to the Carrier
violating the Controlling Agreement, in particular Rule 32 (d) for eight (8)
hours pay at the pro rata rate for each day lost as a result of discipline
assessed as ten (10) days deferred Suspension. For all overtime and holiday
pay for which he would have been available at the punitive rate had the
Carrier not assessed this unwarranted discipline.
2. Credit for vacation qualification lost during this period.
3. Four (4) hours pay at the pro rata rate for being required to
attend the investigation until 4:15 PM, February 8, 1984.
4. Reimburse the Railroad Retirement Board for all unemployment
benefits paid to Machinist R. D. Davis during the period as damages in
connection with this discipline.
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 is a companion case to Award No. 11003, what we said in that
case applies to this one as well. We will deny the Claim.
Form 1 Award No. 11004
Page 2 Docket No. 11008
2-MP-MA-'86
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
r
01
Attest:
Nancy J. .e r - Executive Secretary
Dated at Chicago, Illinois, this 1st day of October 1986.