NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Thomas C. Begley, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE UNION TERMINAL COMPANY (Dallas, Texas)
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and
Station Employes that:
(1) The Carrier (The Union Terminal Company, Dallas,
Texas) violated, and continues to violate, its several agreements
with the Organization when on April 9, 1957, it dismissed and separated from its service Heywood Hunt, Red Cap, on the blanket charge
that he had committed acts on or about March 27, 1957, that resulted in embarrassment to The Union Terminal Company; and,
(2) That prior to the investigation, the Carrier failed to state
a precise charge against him related to and in connection with his
employment with The Union Terminal Company; and,
(3) That by virtue of his employment with The Union Terminal Company, acts alleged to have been committed away from Carrier
property and on his rest day could not of themselves come within
the jurisdiction of The Union Terminal Company; and,
(4) That the Carrier, The Union Terminal Company, is not
authorized by law to constitute itself as a private court to redress
alleged public wrongs; and,
(5) That all of the acts and actions of the said The Union
Terminal Company are in violation of the several agreements between that Carrier and this Organization; and,
(6) That because of the illegal and unlawful act of the Carrier
in the premises, and in violation of the existing agreements, the said
Heywood Hunt shall be reinstated to the service of the Carrier in the
capacity of Red Cap, with his seniority and rights unimpaired; that
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he shall be paid for all monetary losses suffered by him; and that he
shall be accorded vacation and all other rights as though he had
never been separated from the service of the said Carrier.
OPINION OF BOARD: Based upon the evidence of record in this claim
the Board finds; that the claimant was given a fair and impartial investigation; that the claimant was guilty of moral turpitude; that the Carrier's action
in dismissing claimant from its service was neither arbitrary or capricious or
an abuse of sound discretion. Therefore, the discipline imposed on this
claimant will not be disturbed.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived hearing on this dispute;
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 record discloses no sound ground for holding the Carrier's
disciplinary action was improper or should be disturbed.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 14th day of January, 1960.