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Award No. 15167
Docket No. CL-16201
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-5935) that:
(a) Carrier violated the Rules Agreement, effective May 1, 1942,
except as amended, particularly Rules 6-A-1 (a), 6-C-1 (a) and
6-D-1 (a), by arbitrarily and capriciously dismissing from service,
Mrs. Mary Ann Harkins, Clerk, System General Offices, Financial
Department, Office of Director of Personnel and Office Services,
Philadelphia, Pennsylvania, effective at the close of business January
29, 1964.
(b) Mrs. Mary Ann Harkins shall now be restored to service
of the Carrier with seniority and all other rights unimpaired and
her record cleared.
(c) Mrs. Mary Ann Harkins shall now be reimbursed for all
wage loss sustained as a result of Carrier's action, commencing
January 30, 1964, and continuing until adjusted. (Docket 1636.)
OPINION OF BOARD: On January 6, 1964, Carrier charged Claimant
in writing with:
"Being habitually late and absent from duty in violation of Rules
I-D and 1I-B of the Rules and Regulations for the Government of
Employes in the Financial Department revised as of July 1, 1959."
and trial was set for January 10, 1964. The trial was held on January 10 and
16, 1964. Under date of January 29, 1964, Carrier notified Claimant in writing
that she had been found guilty as charged and she was dismissed from service
as of the close of business on that date.
In discipline cases our function is to review the record in its entirety to
determine whether: (1) in the discipline proceedings the due process provisions of the Agreement were satisfied; (2) if found guilty, in whole or in part,
the finding is supported by substantial evidence; and (3) the discipline assessed
was excessive for the offense.
We find from our study of this record that: (1) due process was afforded
Claimant; (2) there is substantial evidence supporting the finding of guilt as
charged; and (3) the discipline assessed-dismissal from service-was not
excessive. We will, therefore, deny 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 did not violate the Agreement.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 20th day of January 1967.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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