NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

John H. Dorsey, Referee

ORDER OF RAILWAY CONDUCTORS AND BRAKEMEN,

PULLMAN SYSTEM

THE PULLMAN COMPANY

STATEMENT OF CLAIM: The Order of Railway Conductors and Brakemen, Pullman System, claims for and in behalf of Conductor T. F. McNally, Chicago District, that The Pullman Company acted arbitrarily and capriciously when:

1. Under date of July 13, 1961, Conductor McNally's record was assessed with a warning on the charge specified in Superintendent Duffy's letter dated April 13, 1961.

2. We further hold that the Company's decision is not based on evidence contained in the record. The Company has assessed Conductor McNally's record with a warning, using the Instruction Book to Conductors as a basis for its charge, wherein Management, in writing, has held that so long as a conductor completes his work before turning in his reports, the instructions have been complied with.

OPINION OF BOARD: This is a discipline case. A hearing was held. The transcript of the hearing is in the record. After hearing Carrier found that Claimant had failed to comply with Carrier's rules; and it assessed a warning to be made part of Claimant's employment record. The claim is predicated upon Petitioner's assertion that the "Company's decision is not based on evidence contained in the record."

Our study of the record convinces us that there is substantial eviden. e to support Carrier's findings; and, the disciplinary action assessed was not arbitrary or unreasonable.

We will deny the claim.

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;

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