NATIONAL
RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
John B. Criswell, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
PENN CENTRAL TRANSPORTATION COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-6747) that:
(a) The Carrier violated the Rules Agreement, effective February 1, 1968, particularly Rule 6-A-1, when it assessed discipline of
dismissal on John Sikora, Station Baggageman, (Utility Employe),
Pennsylvania Station, New York, New York, New York Region,
Metropolitan Seniority District.
(b) Claimant .John hikers's record be cleared of the charges
brought against him on December 17, 1968.
(c) Claimant .John Sikora be compensated for wage loss sustained by him as a result of the discipline.
OPINION OF BOARD:
Claimant was dismissed from the Carrier's
service after an investigation on charges he was improperly absent from
work. Claimant did not attend the investigation.
On a number of days. Carrier claims, Claimant was not present for work
and on four previous occasions had been given discipline of various degrees for
similar breaches of rules.
After reviewing the record, we can not lend that the Carrier was arbitrary,
capricious or otherwise violated Claimant's rights in handling this matter.
While the penalty of dismissal is severe, we will agree with many previous
Awards of this Board (12438, 12127) that sustain the finding of the Carrier
when no such determination of arbitrary action can be determined.
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 30th day of September 1970.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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