Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26873
THIRD DIVISION Docket No. MW-27550
88-3-86-3-808
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
( (Southern Region)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The thirty (30) days of suspension imposed upon Track Foreman B.
C. Brumfield for allegedly leaving his work site early in that he allegedly
failed to comply with Track Supervisor R. G. Kitchen's instruction to remain
at Orgas to finish tying down work equipment on October 10, 1985 was arbitrary, on the basis of unpr
(System File C-D-3126/MG-5512).
(2) The claimant's record shall be cleared of the charge leveled
against him and he shall be compensated for all wage loss suffered."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
We have reviewed the record submitted by the parties and find that
Carrier failed to adduce sufficient creditable evidence to support its charge
of Claimant "...leaving job site early without permission on October 10, 1985,
at approximately 4:30 p.m...." Therefore, Claimant's record should be cleared
of the charge leveled against him.
The Board has been informed that Claimant has suffered no wage loss
as a result of the suspension assessed. This being true, we award no compensation.
Form 1 Award No. 26873
Page 2 Docket No. MW-27550
88-3-86-3-808
A WAR D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. D 6.0F - Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1988.