STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5015) that:
(1) The Agreement governing hours of service and working conditions between the parties was violated by the Carrier in the treatment accorded Freight Handler Alfred Rogers when it dismissed him from service on October 4, 1960 and failed to accord him a fair and impartial hearing on appeal.
OPINION OF BOARD: Claimant was a freight handler, hours of assignment 8:30 A. M. to 5:30 P. M., lunch period 12:30 P. M. to 1:30 P. M. On Sunday, September 25, 1960, during his lunch hour he went to the office of the Bill and Yard Clerks to pick up his check. His General Foreman told him he was supposed to pick up his check as he checked out that evening, also asked him why he did not stand-by when told to the previous evening. Claimant argued with the General Foreman, refused to leave when ordered and when the General Foreman commenced to call the Special Agent, Claimant said that if he did both of them (the latter and the Special Agent) "wouldn't be around."
"If you wish to have a representative of your organization present, you may do so."
The investigation was conducted by the Station Manager, and on October 4, 1960, Claimant was dismissed from the service of the Carrier. Dismissal was upheld, after request for hearing on appeal.
It appears, from the record before the Board that the charges against Claimant were precise; that substantial evidence given at the investigation by several witnesses sustained the charges of insubordination and threatening the General Foreman; that Claimant was accorded a fair and impartial hearing on appeal; that Claimant had been suspended three times previously also for insubordination (including 10-day suspension January 16, 1962, the subject of Award No. 10563 announced contemporaneously with the Award herein); and that the Carrier has neither been arbitrary or capricious nor abused its discretion. Therefore, the claim must be denied.
FINDINGS: The Third Division of the Adjustment Board, 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