BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The rights of E. I. Filches, Assistant Chief Clerk, Roper Yard Office, were violated when on December 11, 1952. he was summoned to an investigation between 11:00 P. M. and 11:30 P. M., at which investigation General Yardmaster Stanley Tezak, Special Agent L. A. Stauss and Patrolman J. E. Panck compelled Mr. Filches to stand trial without due process under the provisions of Article 4 of the Clerks Agreement.
(2) Other than the self-supporting statements of witnesses Tezak, Stauss and Panck, alleging that Mr. Pitches admitted to them at the investigation held between 11:00 P. M, and 11:30 P. M. on December 11, 1952 that he had been drinking, there is no evidence that Mr. Filches was drunk or had been drinking while on duty or that he was physically unfit to properly perform his duties as Assistant Chief Clerk and there is no evidence that Mr. Pitches failed to perform his duties throughout the shift on December 11, 1952.
(3) That Mr. E. 1. Pitches shall be reinstated with seniority rights unimpaired and compensated for all wage loss suffered subsequent to December 11, 1952.
OPINION OF BOARD: Taking into consideration all of the circumstances in this case, Claimant Filches will be reinstated promptly to service with the Carrier without pay for time lost; without pay for vacation earned in 1952 and due in 1953; and with qualified seniority rights. His seniority rights are qualified to the extent that he may not now nor in the future occupy a position to which supervisory duties are attached, unless otherwise agreed to by the parties.
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;