Docket
No. CI-17405
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
John H. Dorsey, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
SOUTHERN PACIFIC COMPANY
(Pacific Lines)
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-6403) that:
(a) The Southern Pacific Company violated the Agreement at
Los Angeles, California, when it dismissed Mr. J. R. Fraser from the
service without just cause, alleging his actions on September 16,
1966, constituted a violation of Rule G;
(b) The Southern Pacific Company shall now be required to
allow Mr. J. R. Fraser eight (8) hours' compensation at the applicable pro rata rate of his position of Interchange Clerk for each
work day subsequent to September 17, 1966, and continuing until
he is restored to service.
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 nave. 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, Ill. Printei iii U S.A_
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