,40-
36b
Award No. 16602
Docket No. TE-15426
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Arthur W. Devine, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
THE WESTERN PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of The
Order of Railroad Telegraphers on the Western Pacific Railroad, that:
Manager-Wire Chief T. A. Riggs, Elko, Nevada, was dismissed
from Carrier's service without just cause and should be reinstated
with all rights unimpaired and paid for time lost.
OPINION Of' BOARD:
This is a discipline case involving Claimant
Manager-Wire Chief who was dismissed from service by the Carrier for his
actions while on duty on May 26, 1964. The record shows that Claimant was
reinstated to Carrier's service effective October 19, 1964. The claim before the
Board is actually for pay for time lost by the Claimant for the period of time
he was held out of service prior to the investigation and for the period from
his dismissal following the investigation to the time of reinstatement.
A number of procedural issues have been raised by and on behalf of
the Claimant. However, a careful study of the complete record convinces us
that Claimant's substantive rights under the Agreement were in no manner
violated. There is no provision in the Agreement providing that employes
will be advised of a specific or precise charge. The charge against the
Claimant was sufficient to enable him to prepare his defense. '1 "here is no rule
in the Agreement which prohibited the Carrier from withholding Claimant
from service prior to the investigation. Likewise, there is no rule in the
Agreement prescribing who shall prefer charges, conduct hearings, or that
the officer conducting the hearing must render the decision or assess the
discipline. (Award 16347 and others cited therein.)
As concerns the merits of the case, a review of the transcript of the
investigation shows that there was substantial probative evidence to support
the charge against the Claimant. Also, in the handling on the property the
Carrier called attention to Claimant's prior service record.
Considering the entire record, we do not find that the action of the
Carrier was arbitrary, capricious, or in bad faith. The claim will be denied.
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.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 27th day of September 1968.
Keenan Printing Co., Chicago, 111. Printed in 11.S A.
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