NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY
STATEMRNT OF CLAIM:
Claim of the System Committee of the
Brotherhood:
1 (a) That Carrier violated rules of the Clerks' Agreement when
Management failed to apprise Mr. H. C. Archer, Chief Clerk, Yard
Office, Helper, Utah, of the precise charge (or charges) for which
he was summoned to appear at an investigation which was held in
the Trainmaster's Office on January 22, 1952.
1(b) That Carrier violated rules of the Clerks' Agreement when
on January 22, 1952, it proceeded with a formal investigation on a
general charge preferred against claimant, Mr. Archer, not stating
precisely each accusation made against him during the proceedings
of the investigation.
2. That Carrier violated rules of the Clerks' Agreement when
on January 29, 1952, Management dismissed Mr. Archer from service
account accumulation of one hundred (100) demerit marks in his
personal record, although decision rendered by Management on
January 29, 195, purportedly based strictly on their opinion of the
evidence as developed at the investigation held on January 22, 1952,
did not deem that dismissal from service was warranted.
3. That claimant, Mr. Archer, be reinstated to his position of
Chief Clerk at Helper, Utah, Yard Office with seniority rights unimpaired and compensated for all wage loss suffered during the period
that he has been withheld from service, beginning Monday, January
21, 1952.
OPINION OF BOARD:
Based upon all the facts and circumstances of
this particular case the Board decides that H. C. Archer, Chief Clerk, Yard
Office, Helper, Utah shall be reinstated to his position with seniority rights
unimpaired, effective at once, but without wage loss suffered.
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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 H. C. Archer shall be reinstated to his position with seniority rights
unimpaired, effective at once, but without wage loss suffered.
AWARD
Claim sustained in accordance with Opinion and Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: A. Ivan Tummon
Secretary
Dated at Chicago, Illinois, this 12th day of March, 1953.