SYSTEM FEDERATION NO. 99, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Carmen)
EMPLOYES' STATEMENT OF FACTS: Carman Helper Charles Floyd Jr., hereinafter referred to as the claimant, is employed by the Illinois Central Railroad, hereinafter referred to as the carrier, at Memphis, Tennessee. At the time of the incident giving rise to the instant claim, claimant was regularly employed by carrier as a Carman Helper, with assigned hours from 7:00 A. M. to 3:30 P. M., Tuesday, Wednesday, Saturday and Sunday on the rip track, and from 7:00 A. M. to 3:00 P. M., Monday at "A" Yard.
On May 16, 1969, F. E. Collins, Shop Superintendent, addressed the following letter to Claimant:
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Mr. Charles Floyd, Jr. 1073 E. McLemore Avenue Memphis, Tennessee
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.
Based upon the entire record before the Board, it is our conclusion that disciplinary action by the carrier was warranted. But permanent dismissal was excessive. We therefore award that claimant be restored to the service with seniority and other rights unimpaired, and without pay for the time lost while out of service.