NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE: ,
AMERICAN TRAIN DISPATCHERS ASSOCIATION
SEABOARD AIR LINE RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the American Train Dispatchers
Association that:
(1) The Seaboard Air Line Railway Company failed to comply
with the requirements of Article 8 paragraphs (a) and (b)
of the current agreement between the Seaboard Air Line Railway and its train dispatchers represented by the American
Train Dispatchers Association when it imposed discipline upon
Train Dispatcher F. L. Nelson without having notified him in
writing, clearly specifying the nature of the complaint and
without having granted him a fair and impartial hearing before
the Superintendent within ten (10) days after notice.
(2) That the discipline imposed upon Dispatcher F. L. Nelson was
unreasonable and unwarranted in that the Seaboard Air Line
Railway Company failed to prove that he was guilty of the
offenses with which he was charged during an investigation.
(3) That the record of Dispatcher F. L. Nelson be now cleared of
the charges and that he be reimbursed by the Seaboard Air
Line Railway Company in the amount of $349.46, which includes compensation for twenty-seven (27) days on
which
he
was entitled to perform service and on which he was prevented
from performing service by reason of having been suspended,
in the amount of $335.61, and for expenses incurred by reason of his being required by the Company to attend an investigation at Americus Shops on August 10th and 11th, 1945,
amounting to $13.85.
FINDINGS: The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon and upon the whole
record and all the evidence, finds and holds:
That the carrier and the employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein;
That the dispute was certified to the Third Division of the Adjustment
Board ex parts by complainant party; and
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That hearing thereon has been held but not concluded. Under date of
June 20, 1946 the parties jointly addressed a formal communication to the
Secretary of the Third Division requesting withdrawal of this case, which
request is hereby granted.
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: H. A. Johnson
Secretary
Dated at Chicago, Illinois, this 27th day of June, 1946.