Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No.
13261
Docket No.
13069
98-2-95-2-94
The Second Division consisted of the regular members and in addition Referee
Herbert L. Marx, Jr. when award was rendered.
(International Association of Machinists and
( Aerospace Workers
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Chesapeake &
( Ohio Railway Company)
STATEMENT OF CLAIM:
"(1) That in violation of the current agreement, CSX
Transportation arbitrarily disciplined Machinist J. J. Parilac by unjustly
assessing a five
(5)
days actual suspension.
(2)
That. accordingly, CSX Transportation be ordered to
compensate Machinist J. J. Parilac five
(5)
days pav at the pro-rata rate
of pay and that his record be cleared immediately."
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 i Award No. 13261
Page 2 Docket No. 13069
98-2-95-2-94
This matter involves the same occurrence and subsequent investigative Hearing
as reviewed in Second Division Award 13260, with the identical charge to the Claimant
herein. The Board therefore makes the same finding.
AWARD
Claim sustained.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) be made. The Carrier is ordered to make the
award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT HOARD
11v Order of Second Division
Dated at Chicago, Illinois, this 18th day of May 1998.