NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES THE LONG ISLAND RAIL ROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6213) that:
1. Dismissal of Clerk J. Axelrod on October 10, 1966 was improper, unjustifiable, unreasonable and unwarranted.
2. Clerk Axelrod shall be returned to work with seniority rights unimpaired and he shall be paid for all time lost, including all fringe benefits beginning June 29, 1966, when he was first held out of service and each day thereafter until such time as the violations are corrected and claimant is restored to work.
OPINION OF BOARD: From an examination of this record we find that Claimant was guilty as charged. This being the case, disciplinary action was in order. However, we think that dismissal was an excessive penalty. The time already lost by Claimant is sufficient discipline. We will hold that the Claimant shall be reinstated with seniority unimpaired but without reimbursement for wages 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 reElpectively 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