Award No. 15982
Docket No. CL-16771
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
John J. McGovern, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
NEW YORK, SUSQUEHANNA AND WESTERN
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that (GL-6114)
(a) Carrier violated the Clerics' Agreement when, following
investigation held on May 26, 1966, it arbitrarily and without justification dismissed Clerk Edith J. Ackerman from service, and
(b) Carrier shall be required to reinstate Mrs. Edith .J. Ackerman to the service of the Carrier with seniority and all other rights
unimpaired and her record cleared of these charges, and
(c) Carrier shall be required to compensate Mrs. Edith Ackerman for any and all wage loss suffered as a result of this dismissal.
OPINION OF BOARD:
The evidence of record indicates that Claimant
was frequently absent from work for various reasons; that on May 18 and
19, 1966, she was absent without permission, thereby subjecting herself to
disciplinary action. However, in the circumstances of this case, we find the
extreme penalty of dismissal from service to be excessive and an abuse of
discretion. Claimant should be restored to service with seniority and other
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 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 the claim should be disposed of in accordance with the Opinion.
AWARD
Claim disposed of in accordance with Opinion and Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 30th day of November 1967.
Keenan Printing Co., Chicago, 111. Printed in U.S.A.
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