NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Arthur W. Devine, Referee
PARTIES TO DISPUTE:
H. L. McKEAND
RAILWAY EXPRESS AGENCY, INC.
STATEMENT OF CLAIM:
(1) I hearby serve written notice in 16
copies, of my intentions to file ex parts submission, which you will find
enclosed.
(2) Subject;
Investigation-Alleged Violation
Rule 67-Held Jan. 19, 1967-H. L. McKeand
Joliet, 111.
I will state the questions involved and give a brief description of the dispute
involved between I-H. L. McKeand-and management of R.E.A. Express.
(a) My dismissal from R.E.A. Express on alleged charges of
Rule 67, which I did not violated,
(b) My failing to appear at investigation on Jan. 19, 1967. My
reasons for not being able to be there, in which I had told Agent
Heiken that my brother had been killed, and I would not be able to
appear, and this he knew himself but yet denies it now.
(c) That I never admitted being an accessory to inciting a work
stoppage at Joliet, Ill. or ever furnishing a statement to this effect,
that I have been used and dragged into this only to get at Mr. C. A.
Tomany, who has been charged with violation as same. They (management) used me as an example to help their case against Mr.
Tomany, for I am no more guilty than all other employes at Joliet,
Illinois office, who also participated. I am cited because I was a
witness at Mr. Tomany's investigation, in his behalf and I refused to
sign statements against him. If I were guilty of these charges,
I would not be filing this petition to this Board, because now it may
be costly, but I want my job back, as I am not guilty of these alleged
charges, and shall take my case to court, if necessary.
I shall file my submission itself within 30 days.
OPINION OF BOARD:
On October 20, 1966, Carrier's employes in
Joliet, Illinois engaged in an unauthorized work stoppage which virtually
halted operations at that terminal. Clayton A. Ternary, a Joliet employe, was
cited for investigation for his part in this work stoppage, and was subsequently dismissed by the Carrier. H. L. McKeand, the Claimant in this case,
appeared at this investigation, held on October 31, 1966, and admitted that
he was an accessory to inciting the work stoppage.
On November 2, 1966, Claimant was charged with:
"inciting on Wednesday, October 19, 1966 an unauthorized work stoppage prejudicially affecting the operations of R.E.A. Express at
Joliet, Illinois on Thursday, October 20th, 1966 in violation of Rule
67 of the General Rules and Instructions."
The weight of the evidence clearly shows that the Claimant was one of
the primary instigators of the work stoppage in violation of Rule 67 of the
General Rules and Instructions. The punishment cannot be said to be arbitrary, capricious, discriminatory or unsupported by the record and in accordance with the broad latitude given Carriers by this Board, in the matter of
assessing discipline, "we will not upset the punishment decided upon by the
Carrier" (see Awards 2531, 8711, 10881, 14273).
FINDINGS: The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon, and 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
That the claim will be denied.
NATIONAL RAILROAD
ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 10th day of May 1968.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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