BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6360) that:
OPINION OF BOARD: This is a discipline case, wherein Claimant was charged with negligence in permitting an overloaded car to proceed without notifying the Terminal Trainmaster. The end result was a derailment.
Carrier dismissed Claimant from the service, but eventually restored him to duty without pay for the intervening period and seniority unimpaired. He was originally dismissed on April 10, 1965 and was restored on July 15, 1965. It is for this period of time that the claim has been submitted.
Claimant requested and was granted a hearing. We have examined the record of this hearing, and find that the evidence is substantial that Claimant was guilty as charged. It was conducted in an eminently fair and impartial manner, and we are accordingly unable to subscribe to the theory that Carrier's action amounted to an abuse of discretion or to capriciousness. We will deny the claim.
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;