NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Francis X. Quinn, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERICS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
PENN CENTRAL TRANSPORTATION COMPANY
Northeastern Region, Springfield Division
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood (GL-6705) that:
1. Carrier violated the Agreement in its dismissal of Mr.
David H. Miller, Clerk, Framingham, Massachusetts, effective Monday, November 27th, 1967, and;
2 Mr. Miller was not afforded with a reasonable amount of
time prior to the hearing to prepare a proper defense nor was he
apprised of the charge against him as requured by Rule 43 of the
Agreement and as a result was denied a proper, fair and impartial
hearing, and;
3. The investigation and decision resulting therefrom dismiss:ng Mr. Miller from service was null and void; and;
4. Notwithstanding the above, the transcript of the hearing
does not support a decision of dismissal, and;
6. Mr. Millcr be reinstated without loss of seniority, his record
cleared and that he be compensated for all his net loss of wages.
OPINION OF BOARD;
The record reveals that Carrier's findings are
based upon substantial and credible evidence; that Carrier's conduct of the
investigation was neither vindictive nor prejudicial; and that none of Claimant's procedural or substantive rights were abrogated.
The discipline imposed was commensurate with the gravity of the offense
involved, and there exists no valid basis for any change in the discipline
imposed upon the Claimant.
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. I3. Sehulty
Executive Secretary
Dated at Chicago, Illinois, this 24th day of July 1970.
Keenan Printing Co., Chicago, Ili. Printed in U.S.A.
18051 2