S. E. Presley, ID 1?,2"70, claim for all time lost while serving five (5) day suspension, and for attending investigation on January 31, 2001, and rha= benefits accruing value are credited with such time lost, and that references to this incident are purged from Claimant's personal file.
The Carrier and the Employees involved in this dispute are respectively Carrier and -Employees within the meaning of the Railway Labor Act, as amended. This Board has jurisdiction of the dispute here involved. The parties to this dispute were given due notice of hearing thereon.
Claimant was summc^~ t:, a formal investigation en a charge that he was observed unnecessarily delaying his train while deadheading from Mcb_1= to Bay Minette. Following the investigation Carrier found claimant guilty of the charge and assessed a five day suspension from service as discipline.
This Board has had the opportunity to review the transcript of hearing together with all other documents submitted by the parties.
The testimony o= Carr-er's witness was that he observed the crew at Mcnonalds restaurant from 7:05 AM until departure at 7:33 AM. Also introduced as 2V-.^.e=:Ce was the log of the van driver who was transporting the crew from Mobile to Hay Minette, Alabama, and this log shows arrived at Daphne (MCDcnalds) at 7:05 AM with departure at 7:17 AM. No effort was made by the Hearing to clarify this difference In times, he merely electecl to accept the testimony of Carrier's witness.
In add'_tic^ to t^= _____sclved time dsc-3pancy, Car:-'=r has not: offered Su..__^.=?r: 2:%__=n:~_ by _,St==';' -"S T-.^dl.^_c- that the stop in Davhna ('v.JOiPa_-fS,' _=S~___c_ is a de-12,,, to Cl~ima=W'S train.