NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
John J. McGovern, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION
EMPLOYES
THE UNION TERMINAL COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood (GL-6634) that:
(a) The Carrier violated the current Clerks' Agreement when on
December 18, 1968, it dismissed Mail Handler Charles Reynolds
from the service without affording him a fair and impartial
hearing as contemplated by the rules.
(b) The Carrier further violated the current Clerks' Agreement
when it withheld Mail Handler Reynolds from the service after
conclusion of the investigation on December 12, 1968, until he
was discharged by letter dated December 18, 1968.
(c) That Mail Handler Charles Reynolds be paid a day's pay for
each work day of the assignment he held on December 12, 1968,
the date he was first withheld from service and each and all
subsequent days he could have worked until the date he is restored to service.
OPINION OF BOARD:
Claimant in this case was given written notice
by the Carrier to appear for an investigation; said notice reading as follows:
"Report to Union Terminal Company Board Room, 9:00 A.M.,
December 12, 1968, for formal investigation in connection with
your alleged failure to devote your time on duty exclusive to your
duties between 2:15 P.M. and 4:30 P.M. December 10, 1968, indifference to duty and use of quarrelsome, loud and vulgar language in
dealing with Mail Foreman Dansby.
"You should arrange for duly accredited representation and any
witness desired."
The investigation was subsequently held, during which Claimant was
ably represented, was afforded the opportunity to present witnesses on his
own behalf if so desired, was permitted to cross-examine witnesses hostile to
his case, and in general was given all the latitude necessary to ensure a fair
and impartial trial. The evidence adduced was sufficiently substantial to justify Carrier's finding of guilty and in the absence of extreme mitigating
circumstances, we can find nothing in this record which would warrant this
Board to overturn the decision of Dismissal from the Service. Carrier's action
was by no means arbitrary or capricious. We will deny 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 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
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 30th day of January 1970.
Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.
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