Award No. 9215
Docket No. CL-11070
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Carl R. Schedler, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE NEW YORK CENTRAL RAILROAD, NEW YORK AND
EASTERN DISTRICT (Except Boston and Albany Division)
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express
and Station Employes, New York Central Railroad, Eastern District (except
Boston Division)
1-That Mr. Paul A. Morello, General Foreman in Freight
Station, Weehawken, N. J., be restored to the seniority roster of
the New York Terminal District, New York Central Railroad Company.
2-That Mr. Morello be permitted the exercise of such seniority
rights as of April 5th, 1958.
3-That Mr. Morello be compensated for any and all wages lost
due to the removal of his name from the seniority roster and the
denial of his right to exercise such seniority rights.
OPINION OF BOARD:
This claim contains a request for the reinstatement of an employe dismissed from the service of the Carrier. He was discharged for participating in the alleged treft of approximately 17 cases of
canned goods from New York Central Pier 2, Weehawken Freight Yard on
or about February 14, 1957. The record clearly establishes the truth of the
charges made by the Carrier. The Claimant freely admitted that he had
misappropriated to his own use property entrusted to the Carrier. The evidence in the record fully supports the action taken by the Carrier. Consequently, the request for reinstatement is not justified as the claimant was dismissed for just cause.
FINDINGS:
The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That oral hearing has been waived by the parties;
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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 Agreement has not been violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 26th day of January, 1960.