NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE .AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
FORT WORTH AND DENVER RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-6394) that:
1. Carrier's dismissal of Mr. John W. Rogers is unreasonable
and unjust.
2. Carrier shall now return Mr. Rogers to service and compensate him for all time lost, retroactive to October 18, 1966.
OPINION OF BOARD:
This is a discipline case. The Board's jurisdiction in such cases is spelled out in Award No. 13179:
"In discipline cases the Board sits as an appellate forum. As
such our function is confined to determining whether: (1) Claimant
was afforded a fair and impartial hearing; (2) the finding of guilty
as charged is supported by substantial evidence; and (3) the discipline imposed is reasonable.
We do not weigh the evidence de novo. If there is material and
relevant evidence, which if believed by the trier of the facts, supports the finding of guilt, we must affirm the finding."
We are satisfied from our review of the record that: (1) Claimant was
afforded due process; (2) there is substantial evidence to support Carrier's
finding of guilty as charged; and (3) the discipline imposed was reasonable.
We, therefore, must 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 the Agreement was not violated by the Carrier.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 21st day of June 1968.
Keenan Printing Co., Chicago, 111. Printed in U.S.A.
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