NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
-STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
OPINION OF BOARD: This claim is based on the same facts as those involved in Award No. 5401, this day adopted, the only important difference being in the names of the respective employes. What is held in that Award is equally controlling here and it would serve no useful purpose to encumber our records by a prolonged Opinion. Therefore, based on what is said and held in Award No. 5401 we hold the record discoses a situation which warranted the Carrier in disciplining the claimant, Alice M. Hannon, but that the discipline imposed should have been suspension instead of dismissal from service and that on that account she should be restored to the Carrier's service with seniority rights unimpaired ,within ten days from the date of the adoption of this Award without payment of retroactive reparation.
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; and
That under the facts and circumstances disclosed by the record suspension, not dismissal from service, was the proper disciplinary penalty.
Claim as to monetary reparation denied. Claim for restoration to the Carrier's service sustained as set forth in the Opinion and Findings.