STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Atlantic Coast Line Railroad, that:
OPINION OF BOARD: In view of Claimant Ceram's admission of the facts in the incident involving Patron E. W. Ivey on February 18, 1956 and her acknowledgment that she received Carrier's letter of February 23, 1956, reading
We can find no basis for sustaining Organization's claim that Carrier denied Mrs. Coram "due process" because Carrier did not furnish Claimant an exact copy of Mr. Ivey's letter of complaint to Carrier.
A careful reading of the entire record in this case fails to disclose proof that Carrier's action in barring Claimant "from Ticket Agency at Valdosta or any other position requiring you to deal with the public" was "without just cause," as charged by the Organization.
Organization has likewise failed to prove its assertion that discipline assessed by Carrier against Claimant "had the effect of depriving her of work opportunity except at one point on second and third shifts."
This Board has adopted many Awards which have held that we will not substitute our judgment for that of management in matters of this kind unless it is clearly shown that Management was arbitrary or capricious in exercising its functions.
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