Award No. 18355
Docket No. CL-18635
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
PENN CENTRAL TRANSPORTATION COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-6730) that:
(a) The Carrier violated the Rules Agreement, effective February
1, 1968, particularly Rule 6-A-1, when it assessed discipline of
fifteen days' suspension on W. C. Fichtner, Station Baggageman,
Pennsylvania Station, Pittsburgh, Pennsylvania, Central Region, Pittsburgh Division.
(b) Claimant W. C. Fichtner's record be cleared of the charges
brought against him on October 15, 1968.
(c) Claimant W. C. Fichtner be compensated for fifteen days'
wage loss sustained by him as a result of the discipline.
OPINION OF BOARD:
Claimant held a position of Extra Station
Baggageman, Penn Station, Pittsburgh, Pennsylvania. On October 15, 1968,
he was charged:
"Being absent from duty without permission September 1, 7, 8,
12, 13, 16, 18, 21, 22, 27, 28, October 1, 4, 5, 9, and 10, 1968."
Investigation was held on October 22, 1968. Claimant was found guilty
as charged and a fifteen day suspension was imposed.
From our review of the record made on the property we find that:
(1) Claimant was afforded due process as contractually prescribed in Rule
6-A-1 of the Agreement; (2) there is substantial evidence of probative value
supporting the Carrier's finding of guilty as charged; and (3) the discipline
imposed was reasonable. We, therefore, will 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, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Carrier did not violate the Agreement.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 31st day of December, 1970.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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