Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28163
THIRD DIVISION Docket No. CL-28505
89-3-88-3-418
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(The Belt Railway Company of Chicago

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood


1. Carrier violated the effective agreement when, following an investigation on November 13, 1987, it issued discipline in the form of a thirty (30) day suspension from service against Mr. John Pufpaf;

2. Carrier shall now rescind the discipline assessed, shall compensate Mr. Pufpaf for all time l service and shall clear his record of the charge placed against him."

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.



Claimant, the subject of two prior Awards issued by this Board (see Third Division Awards 28161, 28162), was again cited for marking off sick under false pretenses on September 18, 19, 24, 25, and 26, 1987. Claimant worked only two dates between September 18 and 26, and never on his 6 AM assignment. Following an Investigation, Claimant was found guilty of the charge and assessed a thirty-day suspension.

Claimant was issued a Notice of Investigation on October 1, 1987. The hearing was held on November 13. At the hearing, Claimant entered a physician's report dated October 2, 1987. Some medication was prescribed and Claimant's prognosis was indicated as good. Claimant was not hospitalized, nor were any x-rays taken.
Form 1 Award No. 28163
Page 2 Docket No. CL-28505
89-3-88-3-418

Given the fact that this visit occurred following the period for which Claimant was charged and the report itself gave no indication that Claimant was unable to work, the report carries little weight.

This Board has reviewed the entire record of this case, including the transcript of the Investigation and the parties' arguments on the suspension. We find this case prior Awards. As in those cases, we must deny the Claim.








Attest:
        Nancy J. v -Executive Secretary


Dated at Chicago, Illinois, this 16th day of October 1989.