Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32347
Docket No. SG-32858
97-3-96-3-202
The Third Division consisted
of
the regular members and in addition Referee
Robert Perkovich when award was rendered.
(Brotherhood
of
Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Baltimore and
( Ohio Railroad Company)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of Railroad Signalmen on the
CSX Transportation Company (B&O):
Claim on behalf
of
F. Tabron for payment
of
all time lost as a result
of
his
suspension from service for rive days, account Carrier violated the current
Signalmen's Agreement, particularly Rule 50, when it failed to provide the
Claimant with a fair and impartial investigation and imposed harsh and
excessive discipline without meeting the burden
of
proving its charges in
connection with an investigation conducted on May, 19, 1994. Carrier's
File No. 15(95-157). BRS File Case No. 9809-B&O."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
11e carrier or carriers and the employee or employees involved in this dispute are
respectively carrier and employee 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 were given due notice
of
hearing thereon.
Form 1 Award No. 32347
Page 2 Docket No. SG-32858
97-3-96-3-202
On April 26, 1994 while on his way to report for duty, Claimant's car broke down.
He attempted to contact his Foreman's pager, but there was no reply to the page. After
two hours with no reply to the page, Claimant tried again and attempted to contact
another Foreman as well. He did not receive a reply to his page until 10:00 P.M. that
night. Because his car was not repaired on time, he did not report for duty on the day in
question. The Carrier denied receiving the page, but conceded that the geographic area
in question was such that pagers do not always work, and further conceded that on the
day in question one page was received by the Foreman which was unrecognizable. As a
result, the Carrier assessed the Claimant a five day suspension.
The record reflects that the Claimant was also assessed a ten day suspension for
being absent without permission on May 12, 1994, which was upheld when his claim was
denied in Third Division Award 32122. The record further reflects that the Claimant was
removed from service on June 25, 1994 for submitting a false claim for reimbursement
of expenses for obtaining a CDL license. The claim contesting the discharge was denied
in Third Division Award 32083.
In light of the fact that the Claimant has been removed from service and that his
claim contesting that removal was denied, the matter herein is deemed moot and the claim
is denied.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 13th day of November 1997.