NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
John H. Dorsey, Referee
PARTIES TO DISPUTE::
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
THE BELT RAILWAY COMPANY OF CHICAGO
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-6721) that
1. The Carrier viols.ted the Clerks' Agreement when on June 4,
1969, it terminated the services of Clerk Gray.
2. Clerk Gray shall be restored to service with seniority rights
unimpaired and with payment for time lost dune 5, 1969 and subsequent dates until restored to service.
3. For any month in which claim is here made for compensation
on behalf of claimant involved, the Carrier shall also make premium
payments on behalf of the claimant in the appropriate amounts required under Travelers Group Policy Contract GA-23000, as amended,
for all the benefits prescribed in that contract.
OPINION OF BOARD:
On May 23, 1969, Carrier served upon Claimant
the following charge:
"Please report to General Office Building, Room 102, at 9:30 A. M.,
on May 27, 1969, for the purpose of ascertaining the facts and determining your responsibility, if any, in connection with your display of an indifferent attitude toward your duties, being quarrelsome and insubordinate from 8:15 A. M. to 8:45 A. M. on April 29,
1969 prior to your leaving the Auditor's Office for the remainder of
the day.
If you desire a repre,aentative, please arrange."
After hearing held Claimant was found guilty as charged and he was
dismissed from service.
From our review of the Record we find that: (1) Claimant was afforded
due process; (2) there is substantial evidence that Claimant was guilty as
charged; and (3) the disciplire assessed was reasonable. We, therefore, are
compelled 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, 1984;
That this Division cf the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Claimant was guilty as charged and the discipline assessed was
reasonable.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois,, this 9th day of October 1970.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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