NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
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-6655) that:
OPINION OF BOARD: The Claimant was dismissed from Carrier's service as Porter-Red Cap for alleged failure to properly perform his duties as Porter-Red Cap and overcharging for the handling of bags.
The Board has carefully considered the entire record in the dispute and finds that none of Claimant's substantive rights under the Agreement were violated. There was substantial evidence presented at the investigation to support the charge against the Claimant that he failed to properly perform his duties. However, the allegation that he overcharged for handling of bags was not substantiated. Disciplinary action was warranted but the Board considers permanent dismissal from the service to be excessive, and concludes that Claimant should be restored to service with seniority and all other rights unimpaired, but without pay for time lost while out of service.
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;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and