STATEMENT OF CLAIM: Claim of the District Commitee of the Brotherhood that
(a) The agreement governing hours of service and working conditions between the Railway Express Agency and the Brotherhood of Railway & Steamship Clerks, Freight Handlers, Express & Station Employes, effective October 1, 1940, was violated at St. Louis, Missouri, in the treatment accorded J. D. Holden in dismissing him from service as the result of an investigation conducted April 3, 1948; and
(b) J. D. Holden shall be restored to service with seniority rights unimpaired and compensated for wage loss sustained, beginning April 8, 1948 and subsequent thereto, until date of retirement, January 14, 1949.
OPINION OF BOARD: The claimant in this case admitted his dereliction of duty, in violation of the rules, in a matter affecting the basic responsibility of his position which was that of express messenger. Thus his offense must be considered to be very grave. However he has over thirty years of service without any record of prior discipline in evidence.
While that case is not identical with this case, both involve employes with clear service records who failed to fulfill a basic responsibility of their position. Under the circumstances here we think a three month suspension to be the maximum penalty which reasonable minds would consider appropriate.
Within a period of three months after the dismissal the Carrier offered to reinstate the claimant without reparations. That offer was declined by the Organization. The accumulation of wage loss thereafter was by claimant's