Award Number 17914
Docket Number CL-18382
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Francis X. Quinn, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION
EMPLOYES
KENTUCKY & INDIANA TERMINAL RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-6637) that:
1. The Carrier violated the Clerks' Agreement when on March 11,
1°FR it snmn:arily dismissed Clarence C. Wesley, Louisville, Kentucky from Service.
2. Janitor Clarence C. Wesley shall now be reinstated to the service
of the Carrier with seniority and all other rights unimpaired.
3. Janitor Clarence C. Wesley shall now be compensated for all
wages and other losses sustained account this summary dismissal.
4. Janitor Clarence C. Wesley's record shall be cleared of all alleged
charges or allegations which are not proven and may have been
recorded thereon as the result of the alleged notation named
herein.
OPINION OF BOARD:
Upon consideration of the testimony presented,
exhibits introduced and the Agreement between the Kentucky & Indiana
Terminal Railroad Company and Its Clerical and Other Employes it is determined that the Carrier did not violate the Clerks' Agreement when on
March 11, 1968 it dismissed Clarence C. Wesley, Louisville, Kentucky from
service.
The precedent is well established that this Board should not substitute
its judgment for that of the Carrier in discipline cases where it has produced
substantial evidence that the offense charged was committed. While the
administration of disciplinary action should not seem haphazard or capricious,
it is clear that the imposition of discipline is within managerial discretion.
The record is conclusive that Claimant was guilty of conduct that simply
cannot be condoned. We have no alternative but to 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 Sth day of May 1970.
Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.
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