NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Thomas C. Begley, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN OF AMERICA
ILLINOIS CENTRAL RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the
Brotherhood of Railroad Signalmen of America on the Illinois Central Railroad Company that:
(a) The Carrier violated the Signalmen's Agreement, as
amended, (particularly Sections 73, 74, 75, 77, 78, and 80), when
it arbitrarily charged Signal Maintainer R. B. Stephens with falsifying his labor report for January 17, 1957, which charges were
proven to be fully unwarranted and unjustified at the investigation held on February 1, 1957, and during the investigation,
strictly in abuse of its discretion, the Carrier reviewed the claimant's past service record, which charges were not placed against
him by the Carrier in its letter of January 28, 1957. The Carrier
further violated the agreement when it arbitrarily and capriciously
discharged the claimant from the service of the Carrier after having
failed to establish conclusive proof that the claimant was guilty
of the charges or that he planned to deceive the Carrier, and
after his discharge, denied him the rights accorded under the
agreement to a fair and impartial hearing before the Carrier's
officers on appeals.
(b) The Carrier now strike the charges from the record of
R. B. Stephens and reinstate him, with all seniority and rights
unimpaired, and allow him payment for the working hours lost
while out of service, at the Signal Maintainer's pro rata rate of
pay in accordance with the provisions of Section 80 of the agreement. [Carrier's file No. 135-296-61 Mfs. Div., Case No. 27 Sig.]
OPINION OF BOARD: Upon the evidence of record in this case,
the Board finds; that the claimant was given a fair and impartial investigation; that the claimant was guilty of the charge preferred against him;
that Carrier's action in dismissing claimant from its service was justified.
Therefore, the action of the Carrier will not be disturbed.
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9232-2
608
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties to this dispute waived oral hearing;
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's dismissal of claimant from service should not 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 12th day of February, 1960.