Award No. 6983
Docket No. CL-7074
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Dudley E. Whiting, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
ATLANTIC COAST LINE RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
(1) The Agreement governing hours of service and working
conditions between the parties was violated by the Carrier at
Wilmington, North Carolina, in the treatment accorded Clerk
C. M.
Jenne in dismissing him from service, and
(2) That Clerk C.
M.
Jenne shall be restored to service with all
rights unimpaired and compensated for all time lost from
August 4, 1963, at the rate of the position he occupied at
the time of his dismissal, or any position which might have
become vacant or established after that date to which his
seniority would have entitled him had he not been removed
from service, and that such compensation shall continue until
Claimant Jenne is restored to service in accordance with the
provisions of Rule 36 of the confronting Agreement.
OPINION OF BOARD: In view of the facts and circumstances in this
particular case, Claimant C. M. Jenne should be restored to service promptly
with seniority and other rights unimpaired, but without pay for wages and
vacation days or pay lost, if any, prior to restoration.
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 Claimant C.
M.
Jenne shall be restored to service in conformity
with Opinion.
[13027
6983-2
1303
AWARD
Claim sustained to extent stated in Opinion and Findings; in all other
respects denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: (Sgd.) A. Ivan Tummon
Secretary
Dated at Chicago, Illinois, this 26th day of May, 1955.