.41p, 2" Award No. 15456
Docket No. CL-16380







PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES



STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6045) that:






OPINION OF BOARD: There is no question in this case but that the Claimant was guilty as charged. Claimant refused to testify on his own behalf at his hearing and in the criminal proceeding, wherein he was charged with theft of Carrier's materials, he entered a plea of nolo contenders.


The Employes contend that Carrier was arbitrary in filing criminal charges against Claimant, thereby causing the investigation to be held under duress.





We believe that the pendency of the criminal charges had no effect upon Claimant's rights under the agreement.

The Employes further protested the handling of the case due to failure of Carrier to properly follow Rule 21 (b) of the agreement. Rule 21 (b) reads, in part:




From a review of the record we find that Claimant was provided a fair and impartial hearing and was granted every right he was entitled to under the agreement. Claimant has not been deprived of due process of law.


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










Dated at Chicago, Illinois, this 31st day of March 1967.

Keenan Printing Co., Chicago, Ill. Printed in U.S.A.

15456