CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the Order of Railway Conductors of America for and in behalf of Conductor W. J. Snip:
OPINION OF BOARD: This is a discipline case in which claimant was charged with "discourteous, abusive, and unwarranted treatment of fellow employes." The fellow employe was a ticket agent whom claimant called in connection with advice the former had given a lady pasesnger to whom he had sold a ticket. Carrier stated at the investigation that the proper place to have reported the incident was to the office of Superintendent of Sleeping and Dining Cars. Claimant's representative thereat agreed.
The record of investigation contains claimant's admission that "While in there I called the ticket agent and I said, let's get this thing right, let's cut your head in and get this right ' ' '." The Carrier contends that this admission supports the charge of discourteous, abusive and unwarranted treatment of the ticket agent. We do not think so. It is entirely plausible to construe claimant's remark, supra, as a request that they get their heads together to avoid similar misunderstandings in the future.
While the Organization alleges impropriety in the holding of the investigation because the primary accuser was not present, no request was made for a continuance during the investigation.
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: