SYSTEM FEDERATION NO. 76, RAILWAY EMPLOYES' DEPARTMENT, AFL-CIO-CLC BROTHERHOOD OF RAILWAY CARMEN OF THE U.S. AND CANADA
' (Docket No. 30)
              (C&NWT File No. '

                            9 ~- I-4~7


        S T A T E M E·N T O F C L A I M


    1. Carman David L.'Voss was charged with theft - of carton of cereal on February 15, 1980, and removed from service 2/16/80.


    2. Carman David L. Voss was held for inves-, tigation on February 29, 1980, a d-::e beyond the ten day limit stipulated by Rule 35 for holding an investigation when an employe is held out of service pending investigation.


        3. That the Chicago and North Western

    ' Transportation Company be ordered to comply with Rule 35 K and reinstate Carman David L. Voss and make him whole, with all benefits that are a condition of employment unimpaired, and compensate

    him for all time lost plus 138 interest on all such lost wages:

                                  PLB No. 2512'

                        ' Award No. 29

                                  (Docket No. 30)

                                  Page 2


                  F I N D I N G S

Upon the whole record and all the evidence, after hearing, the Board finds that- the parties herein are Carrier and Employe within the meaning of the Railway Labor Act, as amended, and that this Bbard has jurisdiction over the dispute involved herein.
 The procedural issue raised in this dispute and subsequent court action are identical to that in the dispute covered by Award No. 28, and the Board will reach the same judgment.

                    ., A W A R D

Claim sustained to the extent provided in Rule 35 (h). The Carrier is directed to put this Award into effect within thirty (30) days of the date of this Award.

 DATED: $~^~C
 HERBERT L. MARX, JR.
 Neutral Member

                        yA JlX L\

                        C. E. WHEELER

                        Employee Member

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                          Carrier a er