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 Clerk J. E.
Hearn, Jr., in dismissing him from service, and
(2) That Clerk J. E. Hearn, Jr., shall be restored to service with all
rights unimpaired and compensated for all time lost from July
28, 1963, at the rate of the position he occupied at the time
of his dismissal or any position which might have become vacant
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 Hearn is restored to service in
accordance with the provisions of Rule 36 of the Controlling
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.
[13101
6987_2
1311
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.