NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
AMERICAN TRAIN DISPATCHERS ASSOCIATION
THE PENNSYLVANIA RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the American Train Dispatchers
Association for and in behalf of J. H. Adrian, a Movement Director within
the Scope of Part TI of the Agreement between the Pennsylvania Railroad
Company, the Long Island Rail Road Company and Trian Dispatchers, Movement Directors, Power Directors and Assistant Power Directors, employes
of the said carriers, that:
(a) The Pennsylvania Railroad Company did, on July 2, 1947,
serve upon said J. H. Adrian a charge, accusing him of an
offense and directing him to report for a trial therefor, which
charge was vague and indefinite and did not specify an exact
offense for which he was to be tried, as is required by Regulation 6-C-1-(a) of said agreement.
(b) The Pennsylvania Railroad Company did on July 10, 16, 21
and 29, 1947, conduct a trial upon said vague and indefinite
charge, which trial was unfair and partial and, therefore, was
in violation of Regulation 6-A-1-(a) of said agreement.
(c) The evidence adduced by the Pennsylvania Railroad Company
at said trial was inadmissible, incompetent, insufficient, inconclusive, conflicting, false and wholly lacking in probative value.
(d) The Pennsylvania Railroad Company did, on August 4, 1947,
as a result of said charge and trial, dismiss said J. H. Adrian
from its service, which action was unjust, unreasonable, arbitrary, capricious and in abuse of its discretion.
(e) The Pennsylvania Railroad Company be required to restore
J. H. Adrian to its service and to his former position as Movement Director with seniority unimpaired; to expunge the record
of J. H. Adrian of the charge upon which he was dismissed and
any and all entries relating thereto; and to fully compensate
J. H. Adrian at his regular rate of pay as Movement Director
for all time the railroad company has caused him to loose as
a result of being held out of service pending investigation,
trial and dismissal.
FINDINGS:
The Third Division of the Adjustment Board finds:
That the dispute was certified to the Third Division of the Adjustment
Board ex parte by complainant party; and
[9487
4093-2
949
That no hearing thereon has been held, and under date of September 1,
1948, the parties jointly addressed a formal communication to the Acting
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: A. I. Tummon
Acting Secretary
Dated at Chicago, Illinois, this 9th day of September, 1949