Award No. 11456
Docket No. CL-13475
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Wesley Miller, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE PENNSYLVANIA RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5172) that:
(a) Carrier violated the Rules Agreement, effective May 1, 1942,
except as amended particularly Rules 6-A-1, 6-B-1 and 7-A-1 (d),
when it held Mr. C. T. Egan, Relief Baggageman, Terre Haute, Indiana, Southwestern Region, out of service commencing Wednesday,
August 31, 1960, and subsequently imposed discipline of dismissal
from service.
(b) C. T. Egan shall now be restored to service of Carrier with
seniority and all rights unimpaired and his record cleared.
(c) C. T. Egan shall now be reimbursed for all wage loss sustained as a result of the Carrier's action.
OPINION OF
BOARD: After careful study of the Record, which includes
a transcript of the testimony adduced at the hearing, and of the argumentation
presented by the parties and in their behalf, we do not believe that the complained of action on the part of the Carrier was arbitrary, capricious, or without just and sufficient cause, nor can we conclude that the effective Agreement was violated.
Accordingly, 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 parties 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 Agreement was not violated.
[6487
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AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated al Chicago, Illinois, this 27th day of May 1963.