3e5 Award No. 17070

Docket No. TE-17293

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Jerry L. Goodman, Referee

STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Employees Union on the Illinois Central Railroad, that:

1. Carrier's assessment of the penalty of dismissal against Mrs. II. F. Browning, Ticket Agent, Chicago Terminal on charges that she failed to comply with Rules 45 and 47 of the General Rules for the Guidance of Suburban Station Employes, effective March 3, 1966 is excessive and is an abuse of Carrier's discretion to assess discipline.

2. Carrier shall, for the reasons indicated above, restore Mrs. H. F. Browning to its service as Ticket Agent, Chicago Terminal with all rights unimpaired in accordance with the provisions of Rule 22 of the Agreement.

OPINION OF BOARD: This is an appeal bottomed on the proposition that the imposition herein of the discipline of dismissal was an abuse of Carrier's discretion in that it was excessive.

The record, however, shows that the Claimant received a fair and impartial investigation; that her violation of certain rules governing the handling of Carrier's funds was proven; that her past record was thereafter considered; that in light of Claimant's past record the discipline of dismissal for the violation of the aforesaid rules was not an abuse of Carrier's discretion.

Therefore, the claim is 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;

AWARD