STATEMENT OF CLAIM: The Order of Railway Conductors, Pullman System claims for and in behalf of Conductor C. N. Smith of the St. Louis district that under the provisions of Rule 9-A of the Agreement, Conductor Smith is entitled to seven and one-half (7ys) hours credit and pay for each day held between the time he was due to report for regular assignment in Line 6346, St. Louis to New York, 7:45 A. M., November 28, 1945, and was not allowed to go out, and December 12, 1945, when he was notified that he was dismissed from the service of the Pullman Company.
OPINION OF BOARD: The only question for decision in this case is whether Carrier under the rules could withhold Claimant from service pending an investigation of his misconduct which resulted in his dismissal. No question is raised here about the propriety of Claimant's damissal.
The rule found in a number of agreements permitting a Carrier to hold an employee out of service for a reasonable time during an investigation of alleged misconduct is not contained in the agreement before us. In the general instructions issued by Carrier to car service employes it is provided:
But there was no penalty of suspension from duty imposed in this case. The only penalty was discharge or dismissal which was imposed on December 12, 1945. Thereafter, as contemplated by the rules, Claimant was given a hearing on January 4, 1946, which resulted in sustaining the penalty imposed.
This rule appears to be clear and unambiguous. Carrier argues, however, that it cannot apply to this case because it is found (with some six others) under a heading "Held for Service" and Claimant was withheld from service. However, Claimant was a regularly assigned conductor and was held at his home station by direction of the management. Ordinarily a heading or title is merely descriptive of the rule and not a part of it. It may not