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na 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6468
SECOND DIVISION Docket No: 6340
2-IC-CM-'73
The Second Division consisted of the regular members and in
addition Referee John J.
McGovern when award was rendered.
( System Federation No. 99, Railwway Employes' i
( Department, A. F, of L. - C. I. 0.
Parties to Dispute: ( (Careen)
(
Illinois
Central Railroad Company.
Dispute: Claim of Emoloves:
1. That under the current agreement Carman
Robert
Lee Wright was unjustly
dismissed from the service of the Illinois Central Railroad
on
November 4, 1971.
2. That accordingly the Illinois Central Railroad be ordered to
reinstate
Carman Robert Lee Wright to
service with seniority unimpaired, paid
for all time
lost, and any other
benefits he would be deprived of
while being held out of service.
°ind irgs:
The Second
Division of
the Adjustment Board, upon the whole record ana
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.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant in this case was properly charged with "Conduct unbecoming an _
employe for activities leading to your arrest, conviction and sentencing to the
Shelby County Penal Farm" and with being absent without leave since March 4th, 1971.
He was afforded a fair and impartial trial not only devoid of any procedural
defects but devoid of any allegations of such defects. The evidence adduced at the
hearing was substantial resulting in a finding of guilty and as a consequence thereof,
claimant was ordered to be dismissed from the service. We cannot find in this case
that Carrier acted in an arbitrary or capricious manner. In consideration of the
claimant's past record and Carrier's handling of previous incidents involving dis-
cipline, we feel that the final decision of dismissal should remain undisturbed. i
i
ii
i
l
J
Form 1
Page 2
Attest:
We will deny the claim.
Claim denied.
A W A R D
NATIONAL RAILROAD ADJUSTMENT BOARD
$y Order of Second Division
Executive Secretary
Dated at Chicago., Illinois, this
::'a
dzq of 107"
Award No.
646Docket
No.
634
2-IC-CM-X73