NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Norris C. Bakke, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE NORTHERN PACIFIC TERMINAL COMPANY OF OREGON
STATEMENT
OF
CLAIM: Claim of the General Committee of the
Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express
and Station Employes that
(1) The Agreement governing the hours of service and working conditions between the parties was violated by the Carrier in
the treatment accorded Mr. J. P. Costello, when it removed him
from his regularly assigned position of Boardman-Clerk Job No.
459 without just cause.
(2) Mr. J. P. Costello shall now be restored to his regular
assigned position and be compensated at the pro rata rate of
$15.64 per day for each day since August 5, 1954 and up until
such time as the violation is corrected.
OPINION OF AWARD:
As appears in Award No. 8810 announced
herewith, the instant case is companionate to that covered by that award.
To indicate that the award here should be the same as that reached in
Award No. 8810 it is only necessary to quote from the Employes' Rebuttal
Brief as follows:
"*
* * The Employes do not contend that the investigation was
conducted in an unfair and improper manner, but an investigation is
not complete until a decision has been rendered and when that
decision is not rendered by the examining officer, but, as in the
instant case, by the highest official of the Carrier to whom Claimant has a contractual right of appeal, the Employes do contend the
investigation was improper and the Agreement was violated."
From this it is apparent that the only real complaint is that Claimant's
right of appeal was violated.
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8811-2
62
Concededly we have .the same technical violation we had in Award No.
8810 and we reach the same conclusion as we did there and hereby make
the same findings and award.
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 Carrier violated the Agreement as indicated in Opinion.
AWARD
Claim sustained as indicated in Opinion and Findings,
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST; A, Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 22nd day of April, 1959.