NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-22439
Robert A. Franden, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The discipline of Maintenance Helper J. DiNoto for alleged
violation of Rules I and Y of the National Railroad Passenger' Corporation
General Rules was without just or sufficient cause and on the basis of
unproven charges.
(2) The claimant's personal record shall be cleared of said
charges and he shall be reimbursed for all wage loss suffered as a
consequence of said discipline."
OPINION OF BOARD: Claimant was suspended from the service of the Carrier
e , for 60 days after having been found guilty of violating
Rules I and Y of the National Railroad Passenger Corporation General Rules.
We have reviewed the transcript of the hearing and find that
there was sufficient evidence presented to support the finding of guilt
We will deny the 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
flat the Agreement was hot violated.
Award Number
22469
Page 2
Docket Number MW-22439
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
44 1.41, A
Dated at Chicago, Illinois, this
31st
day of
July 1979.
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