Award No. 16949
Docket No. MSX-17751







PARTIES TO DISPUTE:





BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,

FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES


STATEMENT OF CLAIM: I hereby file notice of intention to file ex parte submission with this Board.


My reason for filing is my discharge from R.E.A. Express (Railway Express Agency) on the false charge of inciting a work stoppage at Joliet, Illinois on October 19, 1966.


The parties to the dispute are R.E.A. Express (Railway Express Agency) as a common carrier and the following named employes: Messrs. C. E. Halbin, W. R. Booher, E. A. Yarwood, H. J. Kuhns, J. D. Tucker, and J. N. Meisten; also former employes Messrs: J. A. Stauffer and R. E. Heiken. I further name as parties to this dispute, The Brotherhood of Railway Clerks, and specifically Messrs: F. R. Lewis, H. J. Ripp, and C. L. Dennis.


I hereby request that this Board order my reinstatement to R.E.A. Express (Railway Express Agency) with full back pay for all time since discharge. I further ask for all damages, punitive and otherwise, and also to include the cost of pursuing this case to the absolute limit of this Board's powers.


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. Tomany, the Claimant in this case, was cited for investigation for his part in this work stoppage and was subsequently dismissed by the Carrier.


On October 21, 1966, Carrier's Manager R. E. Heiken wrote Claimant Clayton A. Tomany, Sr., as follows:




You are charged with inciting on Wednesday, October 19th, 1966 and unauthorized work stoppage prejudicially affecting the operations

of REA Express at Joliet, Illinois on Thursday, October 20th, 1966 in violation of Rule No. 67 of the General Rules and Instructions quoted below:






You will be held out of service commencing at 12:01 A. M. Friday, October 21st, 1966 pending this investigation.


You may he represented at this investigation by an employe of your choice or a duly accredited representative of the Brotherhood of Railway Clerks."


Claimant requested a postponement of the investigation, which was granted by the Carrier.


The investigation was held on October 31, 1966. On November 4, 1966, Regional Operations Representative Stauffer wrote Claimant, in part, as follows:





We have carefully reviewed the record in this case and have concluded that the evidence of record discloses no grounds for disturbing the action of the Carrier. (See Awards 10881, 14273 and 16287).


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




16949 2







Dated at Chicago, Illinois, this 6th day of February 1969.

Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
16949 2