NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Frank Elkouri, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF SLEEPING CAR PORTERS
(For and in Behalf of S. Wade)
THE PULLMAN COMPANY
STATEMENT OF CLAIM:
* " * for and in behalf of S. Wade, who is
now, and for some time past has been, employed by The Pullman Company
as a porter operating out of the Chicago Central District:
Because The
Pullman Company did, under date of January 30,
1957, through its Superintendent L. L, Schwarz, take disciplinary
action against Porter Wade by suspending him from the service for
one (1) round trip in his regular assignment in Line 198.
And further,
because the action taken against Porter Wade was
based upon a charge which was unproved. And further because the
Company penalized this employe in violation of the Agreement in
that (1) he did not have a fair and impartial hearing, (2) the
charge was not proved beyond a reasonable doubt, and (3) evidence
was presented in the hearing which was not germane or relevant to
the charge made against the employe, all of which was in violation
of the rules of the above-mentioned Agreement governing the class
of employes of which Porter Wade is a part.
And further, for the record of Porter Wade to be cleared of the
charge in this case, and for him to be reimbursed for the money lost
as a result of having been suspended for one (1) round trip in his
regular assignment in Line 198,
OPINION OF BOARD:
In the present case the Claimant admitted the
misconduct with which he was charged. He was given a fair hearing by the
Carrier and there is no basis in the Record before this Board for concluding
that the penalty of suspension for one round trip was unreasonable or too
severe.
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, fords and holds:
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That the Carrier and the Employe involved in this dispute are respectively Carrier and Employe 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 discipline assessed by the Carrier 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 4th day of August, 1960.