Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11786
SECOND DIVISION Docket No. 11652
89-2-88-2-149
The Second Division consisted of the regular members and in
addition Referee Paul C. Carter when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM:
Appeal of thirty (30) day suspension from service of Chicago,
Illinois Electrician Charles Lumpkins by the National Railroad Passenger
Corporation, made effective by letter of decision dated September 11, 1987.
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 was employed as an Electrician at Carrier's 16th Street
Maintenance Facility, at Chicago, Illinois, at the time of the disciplinary
action involved in the dispute.
By letter dated July 8, 1987, Claimant was notified to attend an Investigation on July 13, 1987, in connection with the charge of alleged violation of Rule F, Paragraph 2 of Carrier's Rules of Conduct.
The record shows that the Investigation was held on August 26, 1987.
The Claimant was present and represented by a duly accredited Representative
of the Organization. By letter dated September 11, 1987, Claimant was notified that he was assessed discipline of thirty working days suspension. Actual time held out of service, ten working days, was applied with the remainder, twenty working days, deferred for a six month period.
In appeal on the property Carrier modified the suspension assessed
the Claimant to the ten working days actual suspension.
The Board has considered the entire record in the dispute and we find
no proper basis to interfere with the discipline as modified by the Carrier.
Form 1 Award No. 11786
Page 2 Docket No. 11652
89-2-88-2-149
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: _
Nancy J r - Executive Secretary
Dated at Chicago, Illinois, this 1st day of November 1989.
VMW