NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-21467
Irwin M. Lieberman, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
that:
(1) The suspension of five (5) days imposed upon Trackman
Jose Hurtado was improper, unwarranted and without just and sufficient
cause (System File D-11-17-102).
(2) The Agreement was violated when the General Chairman was
not furnished with a copy of the investigation notice.
(3)
The charges placed against Trackman Jose Hurtado be
stricken from his record and he be compensated for all wage loss suffered.
OPINION OF BOARD: Claimant was assessed a five day suspension, after
an investigation on the charge that he had failed
to report for duty on the morning of November 15,
1974.
Claimant had
seven months seniority with Carrier.
The record indicates that Claimant was given a precise charge
and the investigation was fairly conducted. At the investigation Claimant
admitted that he did not report for work on the day in question and that
he did not call his foreman or anyone else to report that he would not
be at work that day. It was not until two days later that he called in
and said he would not be at work on November 18th. It must be concluded
that Carrier was correct in determining that Claimant was guilty of the
charge; furthermore the penalty assessed was, in the light of Claimant's
record, quite commensurate with the offense. It is apparent, therefore,
that the Claim is lacking in merit and must be denied.
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
respectivelyy Carrier and Employes within the meaning of the Railway Labor
Act, as approved June 21,
1934;
Award Number 21384 Page 2
Docket Number m&T-21467
That this Division of the Adjustment Hoard has jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 28th day of January 1977.
°1
-19977
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