(1) That in violation of the current agreement, the carrier discriminated against and unjustly dismissed from service Local Chairman Otto Wantland on January 27, 1943.
(2) That the carrier be ordered to reinstate Local Chairman Otto Wantland to his former position and reimburse him for all time lost.
JOINT STATEMENT OF FACTS: Local Chairman Otto Wantland was employed in the Weldon coach yard at Chicago, Illinois on the 7:00 A. M. to 3:00 P. M. shift and his seniority date on the carmen's seniority roster was February 5, 1929.
Mr. Wantland has been the local chairman of the grievance committee for several years and has from time to time, represented other employes concerning the agreement between the carrier and the Brotherhood of Railway Carmen of America.
On January 19, 1943, Local Chairman Wantland was suspended from service pending an investigation on charge of intimidating other employes at Weldon yard, also interfering with safe operation of the railroad.
On January 27, 1943, at 8:00 A. M. an investigation was held and Local Chairman Wantland was dismissed from the service of the carrier and his name was removed from the seniority roster effective January 27, 1943.
POSITION OF EMPLOYES: That the dismissal of Mr. Wantland violated our Rule 41, which in pertinent part reads
Mr. Wantland was delegated to represent other employes and in the performance of these duties it was necessary to represent the rules which were agreed to by the carrier and System Federation No. 99. To see that the men whom he represented and the carrier complied with these rules, cannot, in our opinion, be classed as an intimidation of the men or interfering with the safe operation of the railroad.
Mr. Wantland insisted that carman assigned to regular jobs were not required to do steam work, notwithstanding additional force could not be secured. Many of these delays and potential accident hazards would not have occurred had he acted in a cooperative spirit. Moreover, he made efforts to prevent the upgrading and use of helpers at Weldon and insisted they be sent back to the point from which they were promoted.
Particular attention is directed to the man days absent during December, 1942 and January, 1943. During time prior to January 19, 1943, Mr. Wantland encouraged men not to work. As soon as his activities in this respect ceased there was an immediate improvement.
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. 961-6 135