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 of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes:
OPINION OF BOARD: This is a discipline matter brought to this Board on behalf of John R. Rumpus, who alleges he was discharged from Carrier's employ, by its arbitrary action, without the allowance or privilege of an Investigation, as provided by Rule 25 (a) of the current Agreement between the parties. The Organization is contending that the Employe was wrongfully deprived of his rights, by such action of the Carrier, and requests the Employe be restored to service with all rights and privileges unimpaired and be paid for all wage loss since April 16, 1951.
Carrier contends the Employe was not discharged as alleged, but voluntarily resigned his position, thereby relinquishing all his rights under the Agreement.
The record shows that on April 16, 1951, the Employe was taken out of service by Carrier by letter from F. O. Burke, Agent, effective the same day, on account of salvage irregularities. Nothing is indicated in the letter that such action was a suspension pending Investigation. The record further discloses Claimant called upon Mr. Burke and was requested by Burke to resign his position to avoid filing of possible criminal charges against the Employe. The resignation of the Employe was made to Burke with the understanding, if restitution was made by the Employe, he would be given back his resignation. Restitution was made by the mploye, but he was not reinstated in his position.
Without any discussion as to the merits of the facts surrounding the alleged wrongful acts of the Employe and whether such acts constituted grounds for relieving the Employe from his position, the Board is of the
opinion Carrier did violate the provisions of Rule 25 (a) by arbitrarily discharging the Employe without benefit of Investigation, as provided by the Agreement. Carrier contends the Employe voluntarily resigned his position after receiving the letter of discharge from his superior, Mr. Burke. But as the record clearly shows, the Carrier, by indicating the filing of criminal charges if the resignation was not forthcoming, was an arbitrary action and the resignation was made under duress by the Carrier and on the Carrier's terms.
Carrier has completely ignored the provisions of Rule 25 (a) of the Agreement by its arbitrary action in dismissing the Employe from service without an Investigation as provided, and cannot now take the position that the Employe made a voluntary resignation from his position after he had already been relieved of his position without Investigation. We are not here concerned with what Carrier might have done had an Investigation been held. The bare fact is Carrier failed to hold the Investigation as required by the Agreement and, therefore, has violated the provisions as alleged, and Carrier should be required to comply Since the Employe was arbitrarily denied his rights. See Award 3857 and supporting awards. This Board has held in numerous cases that agreements are made to be kept by the parties thereto, and Carrier is presumed to know the provisions and what it can and cannot do under the terms thereof.
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 Employe involved in this dispute are respectively Carrier and Employe 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 Carrier has violated the provisions of Rule 25 (a) of the current Agreement as alleged.