NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
STATMENT OF CLAIM: Claim of the American Train Dispatchers Association that:
OPINION OF THE BOARD: This is a discipline case. Claimant Hartzell was discharged on January 16, 1967, following a hearing on his actions in the issuance of PX No. 9 on December 19, 1966.
Claimant contends that he was deprived of due process because of the language of the notification of the hearing, which read:
We must find that Rule 8 of the Agreement is not violated by this notice. The Claimant was clearly made aware of the incident in question and testimony at the hearing indicates he and his representatives did prepare for a defense by such acts as testing a telephone in question prior to the hearing. Such awards as 16816 and 16121 have established this point.
Further we do not find it improper that Superintendent Baldwin, though not the hearing officer, dismissed the Claimant.
The Claimant in this case has in fact been reinstated by the Carrier with seniority vacation rights unimpaired but without pay for the period of his dismissal.
Since we can not find that the Claimant was deprived of rights at the hearing, nor that the action of the Carrier was arbitrary, capricious or that it acted in bad faith we can not disturb the discipline imposed and therefore deny the claim. FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds: