Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32719
Docket No. MW-32614
98-3-95-3-178
The Third Division consisted of the regular members and in addition Referee
Gerald E. Wallin when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it improperly withheld
Class A Operator M. Royster from service beginning June 10
through 24, 1993 JSystem File C-TC-5597-SPG/12(93-844) CSX1.
(2) As a consequence of the violation referred to in Part (1) above,
Claimant M. Rovster shall be allowed one hundred ten (I 10) hours'
pay at the applicable Class A Operator's rate. Moreover, such
compensation shall be credited toward vacation and retirement
qualification."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The 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.
32719
Page
2
Docket No.
MW-32614
98-3-95-3-178
The focus of the dispute in this matter is whether Claimant was disqualified and
failed to timely exercise his seniority, resulting in the loss of work claimed, or whether
he was improperly withheld from service pending an Investigation into possible
misconduct.
Carrier did not file a Submission with the Board. Accordingly, we are left only
with the position, assertions and evidence contained in the Organization's Submission.
Review of that material reveals adequate support for the claim. The on-property
correspondence establishes that a charge letter was issued. In addition, Claimant's
written statement establishes that he was withheld from service. Being uncontroverted
by any evidence from the Carrier. we must sustain the claim.
AWARD
Claim sustained.
ORDER
This Board. after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the ;ward is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 19th day of August 1998.