NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
John H. Dorsey, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE PENNSYLVANIA RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-5544) that:
(a) The Carrier violated the Ruels Agreement, effective May 1,
1942, except as amended, particularly Rules 6-A-1, 6-B-1 and 7-A-1,
when it held Mr. Anthony Abbate, Baggageman, Pennsylvania Station, New York, N.Y., New York Region, out of service commencing
April 2, 1952, and subsequently imposed discipline of dismissal from
service.
(b) Anthony Abbate be restored to service of Carrier with seniority and all other rights unimpaired and his record cleared.
(c) Anthony Abbate be reimbursed for all wage loss sustained
commencing April 2, 1952 and continuing until the violation is corrected. In addition, Claimant should be allowed payment in lieu of
the vacation which the Carrier denied him in the year 1952.
OPINION OF BOARD:
This case arose out of the same incident and
raises like issues of unreasonable delay and inexactness of a charge as in
Award No. 14504. For reasons stated in Award No. 14504 we will sustain 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;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
That Carrier violated the Agreement.
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: S. IL Schulty
Executive Secretary
Dated at Chicago, Illinois, this Sth day of June, 1966.
Keenan Printing Company, Chicago, Illinois Printed in U. S. A.