NATIONAL RAILROAD ADJUSTMENT BOARD
William H. Coburn, 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 (CIr5168) that:
(a) Carrier violated the Rules Agreement, effective may 1,
1942, except as amended, particularly Rules 6-A-1 through 7 _A-1.
inclusive, when it held Mr. E. H. Brownhill, Extra Yard Clerk, with
headquarters at Edge Moor Yard, Wilmington, Delaware, Chesapeake
Region, out of service commencing January 17, 1961, and subsequently
imposed discipline of dismissal from service.
(b) E. H. Brownhill shall now be restored to service of Carrier
with seniority and all rights unimpaired and his record cleared.
(c) E. H. Browhill shall now be reimbursed for all wage loss
sustained as a result of Carrier's action. (Docket 1038)
OPINION
OF
BOARD: This is an appeal from discipline of dismissal
from service for violation of certain safety rules applicable to an employe
who is injured in the course of his employment.
The following evidentiary facts of record are pertinent:
1. Claimant, when asked if he desired representation at the hearing on the charges, replied that he did not.
2. Claimant admitted he was familiar with the safety rules involved.
3. Claimant admitted he was guilty of violating those rules.
4. Claimant stated that he had received a fair trial.
The record is devoid of evidence of probative value rebutting any of the
foregoing admissions, nor has it been shown they were made under compulsion
or duress. Accordingly, the Board has no alternative but to dismiss the claim.
[3681
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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 Employee 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.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 12th day of July 1963.