Award No. 8332
Docket No. MS-10104
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
GREAT NORTHERN RAILWAY COMPANY
WILLIAM J. HUFFMAN
STATEMENT OF CLAIM:
Claim of the Great Northern Railway Company that its action in dismissing Waiter William J. Huffman from its
service on February 20, 1957, for his discourtesies to certain revenue passengers, inattention to assigned duties as a waiter, and displaying an insolent
and surly attitude in the presence of patrons in Ranch Car 1241, Train 31,
January 16, 1957, is not in violation of any negotiated rule or agreement.
OPINION OF BOARD:
This claim was referred to this Division by
the Carrier.
The record shows that the individual named in the claim was, following investigation by Carrier, dismissed from service on February 20, 1957.
Under date of March 11, 1957, Organization's General Chairman addressed
a letter to Carrier's Assistant to the President-Personnel appealing the
dismissal on the grounds that Mr. Huffman did not receive a full and impartial investigation as contemplated by Rule 21 of the current agreement
governing dining car employes. Therefore, it was requested that Mr.
Huffman be restored to service with seniority and vacation rights unbroken
and paid for all time lost. The request was denied under date of March 22,
1957, and so far as can be determined from the record nothing further was
heard from the Organization until it and Mr. Huffman were duly instructed
to file their respective submissions with the Third Division in accordance with
the requirements contained in the Board's Circular No. 1, issued October
10, 1934. The Organization replied as follows:
"In reply to your correspondence of December 3rd and
subsequent letter of January 23rd, be advised that our Organization
is not party to the dispute between Mr. Huffman and the Great
Northern Railway and it is not our intention to file a brief."
The individual acting through attorney replied in part as follows:
"You are hereby advised that we do not intend to file any submission of this matter with your Board but intend to seek our legal
redress in the Courts of the State of Minnesota. * * *"
Upon setting the case for oral hearing Attorney for the individual informed the Third Division as follows:
"This will acknowledge receipt of your letter of February 18,
1958, regarding your proposed hearing, Docket No. MS-10104.
[8987
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"If you will kindly refer to my letter of February 6, 1958,
you will note that I advised you at that time that Mr. William Huffman and our office do not intend to file any submission of this matter to your National Railroad Adjustment Board.
"At the expense of repeating myself, I again wish to advise
you that we do not intend to, and will not, be present at any proceedings before your Board at this time or at any other time, and
that we intend to seek our redress in this matter before the courts
in the State of Minnesota. I feel compelled, however, to straighten
you and the Great Northern Railway Company out as to the exact
nature of the relief that we are seeking, and that is, we are not
asking the Great Northern Railway Company to re-employ Mr.
William Huffman, but we are seeking damages for the unlawful
discharge of William Huffman. If we were seeking the reinstatement
of Mr. Huffman, along with the back pay that he has suffered,
then we would process his case through your Board."
Based upon the facts and evidence submitted by the petitioner the
claim should be sustained.
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 Employe involved in this dispute are respectively carrier and employe 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, as set forth in the Opinion, the claim should be sustained.
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: A. Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 9th day of May, 1958.