Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13176
Docket No. 13075
97-2-95-2-97
The Second Division consisted of the regular members and in addition Referee
Robert Richter when award was rendered.
(National Conference of Firemen & Oilers
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT OF CLAIM:
"1. Under the current controlling Agreement, Mr. M. Baker, Laborer,
Hoster (sic) helper, Chicago, Illinois, was unjustly dealt with when
suspended for a period of fifteen (15) days (March 18, 1995 through
April 5, 1995), following a hearing held on February 21, 1995.
2. That accordingly, the Soo Line Railroad Company be ordered to
compensate Mr. Baker for all time lost at pro rata rate and the
mark be removed from 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 employee or employees involved in this dispute
are respectively carrier and employee 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 were given due notice of hearing thereon.
Form 1 Award No. 13176
Page 2 Docket No. 13075
97-2-95-2-97
Claimant was suspended for 15 days as a result
of
an investigation held on
February 21, 1995. Claimant was found to have failed to comply with instructions on
the night
of
January 22, 1995.
The Organization argues the Carrier failed to prove the charges against the
employee.
The transcript
of
the investigation reveals that the Claimant was afforded a fair
and impartial hearing. The transcript shows the Claimant was instructed to throw
switches at the West end. Claimant ignored the instructions and left work. While
Claimant alleges sickness there is no evidence in the record to support the claim.
There is no basis to overturn the discipline assessed in this case.
AWARD
Claim denied.
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Second Division
Dated at Chicago, Illinois, this 29th day
of
October 1997.