Award No. 9233 Docket No. CL-10419

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Thomas C. Begley, Referee

SOUTHERN RAILWAY COMPANY

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

(a) The Carrier violated the Agreement when, at Atlanta, Georgia, effective June 1, 1957, it discharged Chief Caller, Mr. R. E. Parker, from its service, and

(b) Mr. R. E. Parker shall now be restored to Carrier's service, with seniority and all other rights unimpaired, and compensated for all time lost in accordance with Rule 40 (a).

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 violating Rule G; that the Carrier's action in dismissing claimant from its service was for just cause. Therefore, the discipline imposed on this claimant will not be disturbed.

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 record discloses that there is no sound ground for holding that the Carrier's disciplinary action was improper or should be disturbed.

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