NEW YORK CENTRAL RAILROAD COMPANY,
OHIO CENTRAL LINES
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on New York Central Railroad, Ohio Central Lines, that the Carrier acted in an arbitrary and capricious manner, when, on July 6, 1945, it assessed the personal record of E. R. Smith, second trick clerk-telegrapher at Kenton, Ohio, with a fifteen-day suspended sentence for alleged violation of Operating Rule 211-a, in connection with the issuance of a clearance card to the engineman of freight train 2nd 95 on June 23, 1945, at his office; and that the fifteen-day suspended sentence assessed against him shall be removed and his record entirely cleared of the charges made against him.
OPINION OF BOARD: Based upon all the facts and circumstances in this particular case, the Board is not disposed to disturb the action of the Carrier.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employe involved in this dispute are respectively carrier and employe 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; and