- Award Number 17980
Docket Number CL-18421
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
John II.
Dorsey, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION
EMPLOYES
SEABOARD COAST LINE RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood (GL-6653) that:
1. (A) Carrier violated the agreement and dismissed C R. Nettles,
Jr. from its service effective August 26, 1968.
(B) C. R. Nettles, Jr. shall now be restored to Carrier's service
with all seniority rights unimpaired and payment for all wage
loss until returned to the service.
(C) Carrier shall make premium payments on behalf of Claimant
Nettles in the appropriate amounts required under Travelers
Group Policy Contract GA-23000, as amended, for all of the
benefits prescribed in that contract.
2. (A) Carrier violated the agreement when it dismissed Jack D.
Sizemore, Truck Operator, in the service of Seacoast
Transportation Company from its service effective August
29, 1968.
(B) Jack D. Sizemore shall now be resored to Carrier's service
with all seniority rights unimpaired and payment for all
wage until returned to the service.
(C) Carrier shall make premium payments on behalf of Claimant
Sizemore in the appropriate amounts required under Travelers Group Policy Contract GA-23000, as amended, for all
of the benefits prescribed in that contract.
OPINION OF BOARD:
The Board has carefully reviewed the entire
record in the dispute, including the transcript of investigation conducted on
August 21, 1968.
The Board finds that none of Claimants' substantive rights under the
collective agreements involved were violated. There was substantial evidence
presented at the investigation to support the charges against the Claimants.
The discipline imposed by the Carrier was not, under the facts involved, capricious, arbitrary or in bad faith. The claim will, therefore, be denied.
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 12th day of June 1970.
Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.
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