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Award No. 17092
Docket No. MS-17828
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
John B. Criswell,
Referee
PARTIES TO DISPUTE:
KATHERINE M. FONTANA
THE LONG ISLAND RAH. ROAD COMPANY
STATEMENT OF CLAIM:
(1) That despite the fact as is shown by minutes of a hearing held
at Jamaica Station Long Island was not present; a hearing was
held at which no testimony of Katherine M. Fontana was heard
and upon the unchallenged testimony of Respondent's agents,
Katherine M. Fontana was dismissed after twenty-three years,
lost her job, benefits, emoluments and seniority rights without
due process of law.
(2) That Katherine M. Fontana was advised that notice of hearing
would he served upon her by mail and that when such service
was not made she talked to Respondent's representatives who
advised that mailing had taken place but acknowledged that a
return receipt was not held by them but said that letter would
come and hearing would be held-that letter was received and
accepted on date of trial ten minutes before start of trial at an
address that was not less than one and one-half hours traveling
distance from place of trial.
(3) That the over-all circumstances concerning the notice, trial and
background give rise to the belief that it was not intended that
Katherine M. Fontana would receive a trial on the merits.
OPINION OF BOARD: This is a discipline case. The record in this
docket shows that Carrier terminated Claimant's employment relation with
the Carrier account of violation of Rule E and 400N-21 of the Rules of the
Operating Department while on duty as Block Operator at Van Block Station,
June 15, 1967, and that the appeal therefrom is neither valid nor in compliance with
either the
handling
set
forth in Section 3, First (i) of the Railway
Labor Act, as amended, or Rule 58 of the Agreement between the parties.
Consequently, we have no alternative but to dismiss the claim.
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 re-
spectively 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.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 30th day of April 1969.
Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.
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