Award No. 6780 Docket No. DC-6736

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

J. Glenn Donaldson, Referee

STATEMENT OF CLAIM: Claim of the Joint Council Dining Car Employes, Local 351, for and on behalf of Edgar Winston, Waiter, that he be returned to his assignment and be compensated to the extent of all losses he has suffered as a result of his being dismissed, and that his seniority and vacation rights be returned to him unimpaired.

OPINION OF BOARD: A careful reading of the transcript of the hearing convinces us that the decision is supported by substantial evidence of charge made, insubordination. We cannot say that the penalty assessed was so unjust, unreasonable or arbitrary as to constitute an abuse of discretion under the circumstances here present.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the parties waived oral hearing thereon;

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

Claimant was accorded a fair trial and his dismissal was warranted.

AWARD