PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP

CLERKS, FREIGHT HANDLERS, EXPRESS AND

STATION EMPLOYES




STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6764 ) that:





OPINION OF BOARD: While employed as a Station Baggageman and engaged in unloading U. S. Mail from a car, Claimant sustained a personal injury that resulted in his being incapacitated for a period of time. While off duty account of the injury Claimant attended an investigation at which time he gave an incorrect response to a question. As a result of the investigation Claimant was charged with (1) Violation of Safety Rule, and (2) Malting false statement during investigation; and was notified to report for trial on such charges. Following a trial at which Claimant failed to appear, he was dismissed from service on the second charge and the first charge was dropped.


Without in any way condoning the failure of Claimant to appear at the trial, we find that under the unusual circumstances of this particular case and considering Claimant's prior record and length of service that the discipline imposed was excessive. Claimant has now been out of service for approximately three years, which in our opinion, is sufficient discipline for the offense involved under the circumstances of this particular case. Accordingly, Claimant should be restored to service with seniority and

other rights nnimpaired, but without compensation for time lost. His service record should be corrected to reflect the modification of discipline.


FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:



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









Dated at Chicago, Illinois, this 20th day of November 1970.

Keenan Printing Co., Chicago, IB. Printed in U.S.A.
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