(Brotherhood of Railway Airline and Steamship Clerks,
                ( Freight Handlers~ Express and Station Employes PARTIES TO DISPUTE:
                              (The Belt Railway Company of Chicago


                STAB CF CLAIX:~Claia of the System Committee of the Brotherhood
                              (GIr·9552) that


                1. Carrier violated the effective Clerks' Agreement when,
                 following an investigation on February 5,, 1981p it suspended Clerk
                                 Patricia Ann Tsudean, service for a period of sixty (60) days
                 commencing on February 9a 1981.:

                 2. Carrier sha71 now compensate Ms. 2rudean for all time lost.. including anyy potential overtime, as a result of this suspension Srom service and shall clear her retard of the charge placed against her.

                 Opmaoa cr km- Vadw date of January 23, 1981, the supervisor of car
                 Operations sent a letter to Claimant, an employe with a service date of July 16,9 IMO directing her to report for an investigation:

                      .`...far the purpose of ascertaining the facts and determining your responsibility., if any., in conaaction with your alleged failure as required by Company rules to report or identify a personal injury which you. now allege took place on or about August 1978 at 6900 South Central Avenue, Chicago,. 113~is., managements' first knowledge being January 22., 1981 on receipt of a letter dated January 19., 1981 fro~n 'a named and designated law firs' which you have retained in a claim for damages against the Carrier...'


                An investigation was held and Claimant suspended from actual service for 60 days a period beginning February 9 cn.-. ending April 10, 1981. The discipline was appealed through the procedures for handling such disputes to this Board. The Claimant maintained the discipline was without justification.

                 The facts are that from August 6 through September 1, 1978., Claimant was off work due to illness. There was trouble diagnosing her illness which was ultimately diagnosed as ocular histoplasmosis. Before Claimant returned to work she was examined by the Carrier physician on August 31.. 1978. The report was not made a part of the record. The Claimant stated at the hearing that she advised her immediate supervisor of her condition. There was no contrary evidence in the record.
                                - Award Iniber 24.407 Page 2

                                Docket fiaber M,24425


                Mae Carrier's case is based an its contention that Claimant failed to report her condition as work related and she wilfully concealed this from the Carrier.

                 It is well established in this Division that in discipline cases the OLrtier has the bur-den of proof. The record in this case fails to establish any evidenoe of probative value which sustains Onrrier's burden.

                 PI®I=: The Third Division of the Adjustseat Board, upon the whole record
                      and ail the evidence, finds and holds:


                      Tact the parties waived oral heating;


                That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes vithia the weaning of the Railway Labor Act, as spino*e3 Jane 21, 19341

                                 . That tble Division of the Adjustmcat Board has jurisdiction over the dispute involved hr..-min; and

                      Mist the Ag; enact was violated.


                                    A H A R D


                      Cl.ais surtaiae&.

                                              FATIOM RAILROAD ADJDSMRT BOARD

                                              By Order of Third Division


                ATTEST: Acting Executive Se=etnry
                      National Railroad Adjustment Board


                By 1'~ -` . .^is_ ~' ' l '~ ! 'L
                      Rosemarie Bras - Administrative Assistant


                Dated at micxgo, III is., thin 15th day of Jove 1983.

                                                                      \J ._


                                                                      (, i