TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly Ile Order of Railroad Telegraphers)
STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Employes Union on the Pennsylvania Railroad, that:
1. W. W. Goldberg was denied due process when he was dismissed from the service of the Carrier for incident on September 8, 1964 when the Carrier failed to notify him in advance in writing of the exact offense for which he was to be tried as provided in Regulation 6-C-1(a).
3. The Carrier shall restore W. W. Goldberg to the service of the Carrier with seniority and all other rights unimpaired and pay him for all time lost and expenses incurred beginning September 8, 1964 until restored to the service.
OPINION OF BOARD: The record contains evidence that Claimant Goldberg erred in trusting visual observation to establish clearance of a train on rusty rail. The penalty of dismissal, however, under all of the circumstances revealed by the record appears to be excessive.
It is our judgment that Claimant Goldberg be reinstated to his position with all rights unimpaired, but without compensation for time lost.
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