STATEMENT OF CLAIM: Claim of Warren M. Barnett hereinafter referred to as Claimant is being held from the service of the Missouri Pacific Railroad Company and deprived of his job in violation of Agreement Rules that:
OPINION OF BOARD: The record shows that Claimant was relieved from service and charged with violating instructions of a superior on November 15, 1960. An investigation was scheduled for November 21, 1960. A review of the transcript reveals that Claimant's conduct prevented Carrier from holding a fair and impartial investigation on the date scheduled, as provided in Rule 18 of the Collective Agreement.
The Carrier offered to hold another investigation on the condition that Claimant would conduct himself properly and be governed by the standard procedures for holding such investigations. Claimant has refused such offer and elected to stand on the investigation of November 21, 1960, wherein he
had prevented full disclosure of evidence in connection with Carrier's charge of November 15, 1960.
The record further reveals that Claimant has not been discharged from Carrier's service, he being merely suspended pending a proper investigation, which Carrier states that it "stands ready at all reasonable times to afford the Petitioner upon his representation that he will conduct himself properly in the investigation and be governed by the standard procedures for the conduct of investigations of all classes of employes on this property.
Under these circumstances, the Board has no alternative than to dismiss the claim.
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 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;