SOUTHERN PACIFIC COMPANY
(Pacific Lines)
STATEMENT OF CLAIM: Claim of Joint Council Dining Car Employees, Local 582 on the property of the Southern Pacific Company, for and on behalf of Augustine Santos, All Day Lunch Car Attendant, that he be restored to service with seniority and vacation rights unimpaired account of Carrier dismissing Claimant from service on January 18, 1962, in abuse of its discretion and in violation of the Agreement.
OPINION OF BOARD: Carrier dismissed Claimant from its service on January 18, 1962. This action was based on Carrier's findings made after a hearing had been held in the matter, that Claimant had been guilty of the following derelictions while he was working on January 9 and 10, 1962, in a Hamburger Grill Car:
Carrier's findings are amply supported by substantial credible evidence and we will not disturb them unless some material defect is perceived in the record.
Petitioner contends that Claimant was denied a fair and impartial hearing when Carrier refused to advise him, in advance, of the evidence that would be used against him at the hearing. This point is untenable under the circumstances of this case. We have been referred to no rule in the Agreement that requires the production of such evidence. It is noted that all adverse witnesses attended the hearing, and Claimant, who was duly represented and given fair notice of the charges against him, had full opportunity to crossexamine them and contest their statements and reports.
We have examined the record with care, and do not find that Carrier has committed reversible error or arrived at unreasonable or arbitrary conclusions.