STATEMENT OF CLAIM: Claim that investigation was appealed within so-called time limits, even though investigation was invalid. Carrier completely violated Rule 32A, and that a hearing was never held, and I am not guilty as charged.
OPINION OF BOARD: After a three-fold investigation held on March 26, 1963, Claimant Sebastian A. Reale was dismissed from the service of the Carrier on its findings that he had violated certain rules of its Operating Department by being absent from duty without permission; by being employed in another industry without proper authority; and by sleeping on duty.
At the beginning of each investigation, which had been twice postponed at Claimant's request, Mr. Reale specifically waived his right to have an employe representative or appearance of witnesses in his behalf.
Both the Claimant and Carrier raise a number of procedural points with regard to the investigation and subsequent handling of the matter. Considering the record as a whole, however, we believe these procedural questions either have been waived or have not been presented with sufficient clarity to be determinative. We will, therefore, proceed to a decision on the merits.
By application of those principles governing our review of discipline cases which have become clearly established over the years, and which were substantially stated in Award 8431, we find from the record before us that the Carrier did not act in an unreasonable, arbitrary, capricious, or discriminatory manner, amounting to abuse of discretion. The Board, therefore, will not presume to substitute its judgment for that of the Carrier. The claim is denied.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds: