Jh --.:t il°ta1 t.'orf::??'S' Iatf??:'T'._I t3.E~173l

        Association

        Parties to Dis~ ~tb

        (

        ( Penn Central Transportation Company


        Dispute: C:L? i_'m of Cmaloyes


          1. Certainly discipline was proper for claimant's conduct but in


              view of the claimant's Iorth record of good conduct, da.s-Aiss::a:.

              frr,~-n 'k-;'~a ^n,-vir,.~ was e,nju:i6:'.f~:.s'~ (?'·3Z':>h). Ti::: tiT.. i w h3u %GLJ

              ,:,.. «. :~.~.. .. t~.« , ~~..

              been held out of service is 0

                                  ample punishment.


          i:a We t11-~`y_°!ifo.i. s"~° ~' -- L I-1 but without compensation for wage loss.

                                                        _'

              but without compensation for wage less.


        Fi.ndinars:


            Inc S..^_C!',-:ni L~-k;·" :.-.a.G:'t ('~ ~;.n A 0

                                j::S~'.:iy ~:u~.f^;~ $ (;2"y : 'C'~:'.a ta.,^~£ n i~C.a"?r',~

_ ~ and all the evidor..ce, finds that:

        The carrier or carriers and the employe or emnloyes involVed in fais dispute are rest ctively carrier and eS'lplG5.'C' within the m-zinL*

        Railway Labor pct as approved June 2I, iy~?.


        This Division of the Adjustment Board has jurisdiction over the dispute involved herein.


            Parties to said dispute were given due notice of hearing 11--hereon.'


        Claimant was discharged f-rora eF~plcr-vant with Oarrier following being found guilty of serious r:?..lfeasz nee. iacre is no denial by Fe ti.tioner tila t Claimant was guilty as charged. Petiti.Gner's «pplicGtian is to grant leniency to Clait.ant, an employee with many years of service, grad overrule Carrier's refuel to afford same.


        This Board has consistently adhered to the principles cogently and succinctly set forth in Arn°ard 2787 (Ferguson) to the effect that:


              "... We are not the triers of the facts. Our duty is

              to establish only f:hnt a fair hearing r,,?quired by the

              rules has peen given and not W substitute our

              judgca2~:2nt far those who have had a direct arid immediate

              opportunity to evaluate the witnesses and their Pvi.4(.artc4·

              Thus leniency is a pr;_-r6rat:.ve which a is 1r..oi available

              to this Division. i:~`.,:C~"s as 4Jd 17:,,3i. ;.i:.u~i.. .`3 nf:'a`.; ·.72:::.;;? the

              personal q1'._al LtiC'; , fan, pT'C·il lc~r:lsy lr;. .".~'.·'c'? el :.a ta(:uS Or

              union affilia;.-:.on of any ;rievant." (fee also Awards

              3828, 3894, 5:.;45. )

      Fort~2 1 Award !o. (r7i.5


'~ - Fade 2 Dock-0t. o. 6617

                                              2-?CT-S'a-' 74


      Petitioner's Slt:i3!'? t3SiCn fails to put in issue any of the fnetors which would afford us the authority to act cv:2t:ary to t3:e above well established standards r~.:iz3ing us in sucb matt·,?,:s.


                          A'.1!. I· D


          Claim 4enied.


                                P~d:'~TIG:~L R:~DUMID IaDJUS'yrT.IoT P,0ARD

                                Dy Order of Second Di.v is-~vn


      Attest: Executive Secretary

      National Railroad Adjustment Board


          Iri C_~-"' _. _J... ; i

      gy~6 . __ ~ _ _. _ ~ ~ > ,,; _ _-~_ .. ~ `_

          -· ,,_ . . .-._ ,~ _ .=r :--

          _ __-!rFosemarie F3xasch - Adrai.nistrati.vc Assistant i


          Da u:d `at wicac·, tllirtais, this '25th day Of JU=ze, 19i<k.