Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 34066
Docket No. CL-34963
00-3-98-3-604
The Third Division consisted of the regular members and in addition Referee
Elizabeth C. Wesman when award was rendered.
STATEMENT OF CLAIM
:
(Transportation Communications International Union
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (AMTRAK)
"Claim of the System Committee of the Organization (GL-12133) that:
1. Carrier violated the provisions of Rule 24 when, on October 3, 1997 it
held Claimant, Ken Phillips, from service pending a disciplinary
investigation.
Carrier acted in an arbitrary, capricious and unjust manner in
violation of Rule 24 of the Agreement, when by notice of November 17,
1997, it assessed the discipline of "Termination from Service" against
Claimant, pursuant to an investigation held on November 10, 1997.
Carrier shall now reinstate Claimant to service with seniority rights
unimpaired and compensate Claimant an amount equal to what he
could have earned, including but not limited to daily wages, holiday
pay and overtime, had he not been held from service and had
discipline not been assessed.
Carrier shall now expunge the charges and discipline from Claimant's
record.
2.
3.
4.
5.
Carrier shall now reimburse Claimant for any amounts paid by him
for medical, surgical or dental expenses to the extent that such
payments would be payable by the current insurance provided by
Carrier."
Form 1
Page 2
Award No. 34066
Docket No. CL-34963
00-3-98-3-604
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.
At the time of his dismissal from service, the Claimant was assigned as a Catering
Service Worker. He had seven years' seniority. Charges against him included alleged
disrespect of his Supervisor and alleged failure
of
"attendance to duty."
The Board reviewed the entire record and finds that the Carrier did not meet its
burden of persuasion on any of the charges leveled against the Claimant.
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 Award is transmitted to the
parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 25th day of May, 2000.