THIRD DIVISION

(Supplemental)




PARTIES TO DISPUTE:



NEW YORK CENTRAL RAILROAD

(Southern District)


STATEMENT OF CLAIM: Claim of the American Train Dispatchers Association that:




OPINION OF BOARD: The Claimant committed a violation when he put Number 108 on two train orders in the same day. The Carrier demoted the Claimant to Operator. The penalty is severe but we cannot say that the penalty in light of the employe's record which was proper evidence for the purpose of assessing penalty was unreasonable, arbitrary, capricious or discriminatory.


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;



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That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and





    Claim denied.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary


Dated at Chicago, Illinois. this 2nd day of June 1965.