SYSTEM FEDERATION NO. 42, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (CARMEN)
DISPUTE: CLAIM OF EMPLOYES: That the dismissal of J. Z. McGahee, passenger car repairer, Rocky Mount, N. C., on June 24, 1935, was discriminatory and constituted unjust treatment for which claim is made that McGahee be reinstated with seniority rights unimpaired and compensated for all financial loss resulting therefrom.
EMPLOYES' STATEMENT OF FACTS: J. Z. McGahee entered the service of the Atlantic Coast Line Railroad Company, as car repairer, in its Emerson shops, Rocky Mount, N. C., December 4, 1922.
McGahee was first employed in the freight car department and continued in this department for approximately three months. He was then transferred to passenger car department, where he continued to work ,until dismissed June 24, 1935, about 9:15 A. M.
On or about June 18, 1935, McGahee located a piece of four (4) inch channel iron which had been lying around in the shdp for several days. Having need of just such material, he had his helper, Ben Rivenbark, cut off fifteen (15) inches, which he used to make a generator slack adjuster bracket for the car he was repairing.
On June 23, 1935, McGahee was advised by Mr. H. H. Zerbach that this four (4) inch channel iron was especially for use on cars being air conditioned. McGahee, therefore, removed the bracket from the car to which he had applied it. The following day it was welded by Henry E. Mintz, assisted by H. A. Smith, and was then used as oringinally intended.
On the morning of June 24, 1935, McGahee was called to the car foreman's office and given a joint investigation along with Coach Repairer A. F. Hobbs. McGahee called his helper, Ben G. Rivenbark, in the office as a witness in the investigation.
The investigation was captioned: "Investigation of Improper Use of Mar terial Secured for Air Conditioning Coaches." See Exhibit A.
MeGahee was not apprised in writing or otherwise of any charge placed against him before the investigation, as provided in Rule 22 of the then effective agreement which we quote in part:
Therefore, with the signing of the agreement effective November 11, 1940, the case as presented did not exist as it was recognized it was closed.
Facts as stated and brought out in investigation and signed by A. F. . Hobbs are submitted as Exhibit B.
Statement signed by M. L. Mouzon, J. E. Hammond and B. K. Burch submitted as Exhibit C.
We feel the discipline administered is not unfair or unjust and request the National Railroad Adjustment Board to dismiss this claim.
FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe 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.
The evidence of record supports the conclusion that Car Repairer J. Z. McGahee was dismissed from the service without adequate justification and in violation of the agreement.