NATIONAL RAILROAD ADJUSTMENT BOARD
Arthur W. Devine, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
NORFOLK AND WESTERN RAILWAY COMPANY
(Involving employes on lines formerly operated by the
Wabash Railroad Company)
STATEMENT OF CLAIM:
Claim of the System Committee of the Brotherhood (GL-6765) that:
(1) Carrier violated the provisions of the Clerks' Agreement particularly Rule 28, when following investigation held on January 21,
1969, it arbitrarily and without justification dismissed Yard Clerk
Robert W. Bouckhoutfrom service.
(2) Carrier shall be required to restore R. 1`-. Bouckhout to his
former position as Yard Clerk with all rights and fringe benefits
unimpaired.
(3) Carrier shall now pay R. W. Bouckhout eight (8) hours at
the pro-rata rate of his former position for January 27, 1969, and for
each work day thereafter until he is properly restored to service.
(4) In addition to the money amounts claimed herein, the Carrier
shall pay Claimant an additional amount of 61/ per annum compounded annually on the anniversary date of claim,
OPINION OF BOARD:
The Claimant was dismissed from Carrier's
service on January 27, 1969, for failing to protect his assigned working hours
on January 6,1969.
From our review of the record in the case we find that none of Claimant's substantive procedural rights were violated. The investigation conducted
on January 21, 1969, contained substantial evidence in support of the charge.
Some discipline was warranted; however, the offense was not serious enough
to warrant dismissal. An actaual suspension of thirty days would have been
adequate penalty for the offense. We will, therefore, award that Claimant be
restored to service with seniority and other rights unimpaired, and with pay
for all time lost except for the first thirty days out of service. Part 4 of the
claim will 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
violated to the extent indicated in Opinion.
AWARD
Claim sustained to the extent indicated in Opinion and Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago,
Illinois, this 30th day of September 1970.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
18105