STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Pennsylvania Railroad, that C. J. Rodgers, regularly assigned Block Operator North Philadelphia Tower was unjustly relieved from duty, approximately 10:59 P.M., March 5, 1963, given a trial on March 15, and subsequently dismissed from service for the following alleged offense:
OPINION OF BOARD: The Organization contends the Carrier in its allegation that the Claimant on the day in question was in "an unfit condition to perform the duties of Block Operator while on duty at North Philadelphia" was not sufficiently definite and failed to charge the Claimant with violation of any rule. We find this contention lacks merit, and we further find from a careful reading of the transcript of testimony taken at the hearing on March 16, 1963, that the Claimant was afforded a fair and impartial hearing; and that the finding of guilty as charged is supported by the evidence. There being no showing the Carrier acted in an arbitrary or unjust manner, it therefore follows 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