PARTIES TO DISPUTE:


STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Erie Lackawanna Railroad Company that:




OPINION OF BOARD: On September 30, 1966 Carrier notified Claimant to attend a hearing on October 6, 1966 on charge of violation of Rule O-2 of Rules of the Operating Department dated October 2.5, 1964. By agreement of the parties the hearing was advanced one day and held on October 5, 1966. On October 17, 1966, Claimant was notified that he was being dismissed from the service account violation of Rule 0-2 of Rules of the Operating Department effective October 25th, 1964.


The gravamen of Petitioner's claim lies in the contention that evidence adduced at the investigation does not support the charge. It is evident, however, that Claimant was guilty. But the record discloses that there are extenuating circumstances which need to be considered.


On the basis of all of the facts in the record we conclude that dismissal from service was too severe a penalty. Claimant has now been out of service for nearly two years, which is a heavy and adequate penalty. Ile should be returned to service with all rights unimpaired, but with no compensation for lost time.


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 Claimant be restored to service with all rights unimpaired, but without compensation for lost time.




Dated at Chicago, Illinois, this 30th day of October 1968.

 Keenan Printing Co., Chicago, Ill Printed in U.S.A.
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