Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13398
Docket No. 13321
99-2-98-2-5
The Second Division consisted
of
the regular members and in addition Referee
Robert L. Hicks when award was rendered.
(Brotherhood Railway Carmen, Division
of
( Transportation Communications International Union
PARTIES TO DISPUTE:
(Springfield Terminal Railway Company
STATEMENT OF CLAIM:
"Claim
of
the Committee
of
the Union that:
1. That the Springfield Terminal Railway Company violated the terms
of
our current agreement, in particular Rule 13 when they
arbitrarily assessed Carman Roger J. Boudreau with a five (5)
calendar day suspension as a result of an investigation held on
March 20, 1997.
2. That, accordingly, the Springfield Terminal Railway Company be
ordered to compensate Carman Roger J. Boudreau in the amount
of eight (8) hours pay for each workday he was withheld from
service, commencing April 21,1997 through and including April 25,
1997."
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.
Form 1 Award No. 13398
Page 2 Docket No. 13321
99-2-98-2-5
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
This case is for all intents and purposes identical to the dispute adjudicated by
Second Division Award 13397. What is said therein is adopted en toto in this case.
AWARD
Claim sustained.
ORDER
This Board, after consideration ofthe 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 BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 12th day of April 1999.