NATIONAL RAILROAD ADJUST HOARD

Award Number 23UT

THIRD LIUH Doctst Ymber SG-29723

DWO E. Ri sohen, Referssr

Brotherhood of Railroad Signaloen PARTIES '~? DISPUTE:

(Ht. Loaia-San Ptancisco Railway 0oavany

ST&ZDMT O' CUM: "Claim of the General ttee of the Brotherhood of Railroad
-Signalmen on the St. Louis-San 1Rxancisoa Railway Cosrpanyt

On behalf of Signal. Maintainer H. R. Hendris, Hex Albany, Mississippi, account attending iavestig~ction' at Tennessee Yard Member 2, 19?T." (Carrier file.- D-9559)"

OPINION CF BOARD: Claimant herein seeks reinburseaaent for travel expenses plus
eight (8) hours pay for tine spent in attaadance at a dis
ciplinary hearing coned by Oarrier on fiber 2, IWT, MaLaast vas soheA·
cued to work on the day in question and, did lose the day's pay by attending
the hearing. He was the aced employs at that hearing and Carrier assessed
a disciplinary suspension of three weeks. Claimant appealed the disciplinary
acorn and tics c &J - was sustained b? the Division in Award 2259T.

That position of the present claim seeking travel expenses is not supported by any Rule of the Agreement and,, in any event apparently van initially added to the initial daeand for dosages. However, the claim for the lost day's pay account attending investigation, clearly is supported by the plain and UUaabignana language of Rule 51(a) and (e) as follows:

"(a) So employs will be disciplined without first

being given an investigation. At the

investigation he my be represented by

a duly autsed repesentatIvs of the

Brotherhood of Railroad 8i. He

say, hovever, be held out of service

pending such iamstigstion. At least 48

hours prior to the investigation, he

will be advised in writing of the

specific charges against him and will

have a reasonable opportunity to secure

the presence of the necessary witnesses

and representative. The investigation

shall be held within ten days of the

date when charged with the offense or

held from service. A decision shall

be rendered within twenty clays after

the completion of investigation . ...."

Award fiber 23117
Docket Number SG-2M

Page 2

An employs reinstated under provisitms of Paragcaph
(s) of this rala will be e5 ste,t !or
w lose if any, erg as a
re such dismissal or suspen
sion. Earnings in other raployaent
shall be used as an offset in deter
sd,ning the wags loss, if any, suffered
by such erploye." (Wasis added)

The record demonstrates canclasivel.y that C1 Ueant eras "reinstated under provisions of paragraph (a)" of Rule ;1 and thst be suffered a wage loss when, but for the disciplinary hearing v dish stbseZ=tIy was ianvalidated, he voalA have worked a rsgular7y sehaduled Overt day on November 2, 19?T.

MOMS: The Third Division of the Ujuatarent Hoard, upon the whole record "'"r and all the evidence, finds and holds:

That the parties valved oral heariagf

That the Carrier and the fploy" involved in this dispute are respectively Carrier and Asployes within the meaning of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Hoard has jurisdiction over the dispute involved herein; and

that tbo Appreeeant vas violated.

Claim saatained for 8 hours pay for November 2, 1977.

NATIONAL RAILE40 ADJUB9~1? BOARD
By Order of ?bird Division

ATTEST:

necV,4 0.

ative eScretary

Dated at Chlcago, Illinois, this 15th day of January 1981.

ergo Office