CORRECTED
Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13893
Docket No. 13775
06-2-05-2-28
The Second Division consisted of the regular members and in addition Referee
Raymond E. McAlpin when award was rendered.
(Brotherhood of Railway Carmen-Division of TCU
PARTIES TO DISPUTE:
(Indiana Harbor Belt Railroad Company
"l. The Indiana Harbor Belt Railroad Company, hereinafter
referred to as Carrier, unjustly disciplined Bruce Dust,
hereinafter referred to as Claimant, in violation of Rule 36 and
possibly others of the Collective Bargaining Agreement (CBA).
2. The Carrier shall now be required to make Claimant whole for
all losses including lost wages, insurance and all other benefits
that are a condition of employment as a result of said 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 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. 13893
Page 2 Docket No. 13775
06-2-05-2-28
The Claimant received a 10-day actual suspension for his alleged absence from
his assigned work area without permission on or about April 23, 2004. The Board
finds a number of flaws in the investigation.
The Board issued Second Division Award 13892 upholding Claimant's
dismissal from service. Therefore Claimant did not lose pay as the result of this
investigation and discipline. There is no basis for awarding pay as the matters within
this claim are moot.
Claim dismissed.
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 25th day of April 2006.