Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27080
THIRD DIVISION Docket No. MW-27101
88-3-86-3-157
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(Britherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim if the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it improperly suspended
Mr. R. A. Hood from service for eighteen and eight tenths (18.8) hours on
November 26, 27 and 28, 1984 (System Docket CR-1396).
(2) Because of the aforesaid violation, Mr. R. A. Hood shall be
allowed eighteen and eight tenths (18.8) hours of pay ($217.70)."
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.
Following a hearing held on November 9, 1984, into a charge of
excessive absenteeism, Claimant, a Repairman at the Canton Repair Shop, was
discharged. After being out of service on November 26, 27, and 28, 1984 (18.8
hours), he was reinstated, with his discipline reduced to a twenty-working day
suspension. The Organization alleges that Carrier failed either to reduce
Claimant's suspension by the time already served or to compensate him for that
time.
This Division is unable to determine from the record precisely how
long Claimant was held out of service, whether a total of twenty working days
or twenty days plus 18.8 hours. Since this should be a readily verifiable
fact, we shall remand this question back to the parties to determine. If
Claimant served more than a twenty-working day suspension, he should be compensated accordingly.
Form 1 Award No. 27080
Page 2 Docket No. MW-27101
88-3-86-3-157
A W A R D
Claim remanded iii accirdance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: i
Nancy J.
D
vr-
Executive Secretary
Dated at Chicago, Illinois, this 17th day of May 1988.