NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-19794
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(George P. Baker, Richard C. Bond, Jervis Langdon, Jr.,
( and Willard Wirtz, Trustees of the Property of
( Penn Central Transportation Company, Debtor
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7130)
that:
(a) The Carrier violated the Rules Agreement, effective February 1,
1968, particularly Rule 6-A-1, when it assessed discipline of five days suspension on N. T. Langham,
Pennsylvania.
(b) Claimant N. T. Langham's record be cleared of the charges brought
against him on September 29, 1970.
(c) Claimant N. T. Langham be compensated for wage loss sustained
during the period out of service.
OPINION OF BOARD: This is a discipline case involving the same parties and
Agreement as in Award No. 20048.
The charge served on Claimant herein is identical (except for the
name of the charged employe) as in Award No. 20048.
Further, the issues raised and the evidence adduced are substantially identical. Therefor, for reaso
we will sustain the instant claim.
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
Award Number 20049 Page 2
Docket Number CL-19794
The claim must be sustained, Carrier having failed to satisfy
its burden of proof.
A W A R D
Claim sustained with Claimant to be made whole to the extent
prescribed in Rule 6-A-1 (h) of the Agreement.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 30th day of November 1973.