Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37869
Docket No. SG-38056
06-3-03-3-454
The Third Division consisted of the regular members and in addition Referee
Robert Richter when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Springfield Terminal Railway Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Springfield Terminal.
Claim on behalf of D. L. West, for removal of excessive discipline of a
30-day suspension from service against the Claimant, account Carrier
violated the current Signalmen's Agreement, particularly Article 19.1
when it failed to provide the Claimant with a fair and impartial
hearing evident when it issued excessive discipline against the Claimant
as a result of an investigation held on November 4, 2002. Carrier's File
No. S-02-02. General Chairman's File No. WHK-232-014-1002. BRS
File Case No. 12706-ST."
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.
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Page 2 Docket No. SG-38056
06-3-03-3-454
Parties to said dispute were given due notice of hearing thereon.
On November 15. 2002
the
Carrier cucnended
the
Claimant for a period
of 30
days. As a result of an Investigation held on November 4, 2002 the Carrier found
that the Claimant violated Rules GR-C and GR-N by being absent without
permission on September 6, 10 and 11, 2002.
The record in this case shows that the Carrier met its burden by proving that
the Claimant violated the cited Rules. The Claimant admitted his absenteeism was
without permission.
While the Organization argues that the Claimant has medical problems, the
record is void of any such evidence to support its position. There is no reason to
change the action of the Carrier in this case.
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 1st day of August 2006.