NATIONAL RAILROAD ADJUSTMENT BOARD
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 Machine
Operator A. G. Kornegay in dismissing him from service, and
(2) That Machine Operator A. G. Kornegay shall be restored to
service with all rights unimpaired and compensated for all time
lost from August b, 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 the service, and that such compensation shall continue
until Claimant Kornegay is restored to service in accordance
with the provisions of Rule 36 of the confronting Agreement.
OPINION OF BOARD: Based on the facts and circumstances in this
particular case, the action of the Carrier should not be disturbed.
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 the action of the Carrier shall not be disturbed.
[13061
6985-2
1307
AWARD
Claim 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, 1966.