NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22604
Richard R. Kasher, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-8592)
that:
1. Carrier violated the Agreement between the parties, when on
April 22 and 23, 1977 M. W. Mound was required to suspend work on his regular
assignment and travel to Bellevue, Ohio to attend a hearing.
2. Since the charges against Mr. Mound were not sustained, he
shall be paid for the two days pay lost plus expenses of $26.32.
OPINION OF BOARD: Claimant was regularly assigned as as Operator-Clerk at
carrier's "RU" Drawbridge, Lorain, Ohio, on the second
shift, Wednesday through Sunday. On Friday and Saturday, April 22 and 23,
1977, Claimant was required to appear at an investigation held at Bellevue,
Ohio, to answer charges made against him in connection with an occurrence
on April 17, 1977. As a result of the information developed at the
investigation, Claimant was cleared of all responsibility in connection
with the charges which had been placed against him.
To be present at the investigation to answer the charges, it was
necessary that Claimant lose time from his regular assignment on April 22
and 23, 1977. The time lost, plus travel expenses for the trip to and from
Bellevue, Ohio, form the basis of this dispute.
The applicable Rule involved in this case is Rule 27, Paragraph (d)
which reads:
"(d) If the charge against the employe is not sustained,
his record shall be cleared of it. If dismissed or
suspended, on account of unsustained charge, the employe
will be reinstated and compensated for wage loss, if any,
suffered by him, less compensation received from other
employment."
Award Number 22911 Page 2
Docket Number CL-22604
Carrier argues that even though Claimant was cleared of the
charges placed against him, he was not "dismissed or suspended" as that
term is used and intended in Rule 27(d).
Petitioner alleges that Claimant was, in fact, required by
Carrier to suspend work on his regular assignment on the hearing dates
and that he was required by Carrier to travel from his regular work
location to the location of the investigation and that, therefore,
inasmuch as the charge against him was not sustained, he is entitled to
the payment requested.
We have not been made aware of any precedent which would sustain
the Carrier's position in this case. It is our opinion that Petitioner's
argument relative to the time lost from the regular assignment is viable
and
convincing. Claimant
was ordered to appear under charges. To comply
with this order, Claimant was required to suspend his performance as a
regular assigned second shift Operator-Clerk. The charges were not
sustained. Therefore, under the language of Rule 27 (d) he is entitled to
be "compensated for wage loss" and we so order.
The claim for travel time, however, is not provided for in
Rule 27(d) and it is 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
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 aver
the dispute involved herein; and ,-
That the Agreement was violated to the extent outlined in the Opinion.
A W A R D
Claim sustained to the extent outlined in the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST;
Executive Secretary
Dated at Chicago, Illinois, this 22nd day of July 1980.