NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-19495
Arthur W. Devine, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
( (Involving employees on lines formerly operated by
the Wabash Railroad Company)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7038)
that:
1. Carrier violated the provisions of the Schedule for Clerks, effective May 1, 1953, when on De
unjustly assessed a five (5) day penalty against Clerk H. C. Billman based on
unproven and untrue charges thereby violating the provisions and intent of Rule
28 of the Schedule for Clerks.
2. Claimant shall now be paid for time lost as a result of Carrier's
unjust action with interest computed at the rate of one percent compounded
monthly.
OPINION OF BOARD: On December 2, 1970, Claimant was notified:
"Please arrange to report to the superintendent's Office,
200 Carr Street, St. Louis, Missouri, 63102, at 9:00 AM,
Monday, December 7, 1970, for an investigation to be held
to determin(i the facts and fix the responsibility, including
yours, if any, in connection with your alleged failure to
properly protect your
assignment for
the month of November,
1970.
If you desire a representative of your Organization, and/or
witnesses, please arrange for their presence."
Investigation was conducted nn December 7, 1970, a transcript of
which has been made a part of the record. On December 11, 1970, Claimant was
notified by the Superintendent that he was suspended from the service of the
Carrier for a period of five days.
The record shows that Claimant was absent from duty eleven days during
November, 1970. However, the record does show that he was marked off on those
days, apparently by the Chief Clerk or supervisor in charge. Being permitted
to mark off by the Chief Clerk or others in charge, there was no proper basis
for disciplining the Claimant on charge that he failed to properly protect his
Award Number 19336 Page 2
Docket Number CL-19495
assignment. We will award that Claimant be paid for the time lost by reason
of being suspended from service for five days, but will deny that portion of
the claim pertaining to interest.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was violated.
A W A R D
Claim sustained to extent indicated in Opinion.
NAII)NAL RAILROAD ADJUSTMENT BOARD
· By Order of Third Division
ATTEST:~·
Executive Secretary
Dated at Chicago, Illinois, this 14th day ofJuly 1972.