NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

BROTHERHOOD OF SLEEPING CAR PORTERS

CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC

RAILROAD COMPANY

STATEMENT OF CLAIM: * * * for and in behalf of Robert Cox, who is now, and for some time past has been, employed by the Chicago, Milwaukee, St. Paul & Pacific Railroad Company as a porter operating out of Chicago, Illinois.

Because the Chicago, Milwaukee, St. Paul & Pacific Railroad Company did, under date of May 11, 1953, exact a penalty against Porter Cox by placing on his record a statement that he was responsible for the following alleged derelictions of duty:

1. Responsible for insubordinate and arrogant conduct in the performance of your assigned duties;

2. Responsible for disregarding requirements and comfort of passengers in your car by putting berths away at irregular hours; and

3. Responsible for disregarding sleeping car conductor's instructions to make down space prior to arrival at Spokane, and Aberdeen on the eastbound trip.

And further because the disciplinary action taken in placing the abovementioned items on Porter Cox's record was based upon charges which were not proved, and therefore such action was unjust, unreasonable, and in abuse of the Company's discretion.

And further, for the record of Porter Cox to be cleared of the charges in this case, and for the items placed against his record to be removed from same.

OPINION OF BOARD: The facts and circumstances disclosed by the record do not warrant a sustaining Award.

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;

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