Award No. 18509
Docket No. CL-18956
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Arthur W. Devine, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
THE CINCINNATI UNION TERMINAL COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-6852) that:
1. Carrier violated the Agreement when it dismissed Robert
Mitchell from service without just and sufficient cause.
2. Mr. Mitchell shall now be restored to service with all rights
unimpaired and shall be compensated for all wages lost as a result
of Carrier's wrongful action.
OPINION OF BOARD:
Following formal investigation conducted on
March 31, 1969, Claimant was notified of his dismissal from Carrier's service
on April 4, 1969, on the following charges:
"Conduct unbecoming an employe of The Cincinnati Union Terininal Company, in that you improperly parked your car at the Cincinnati Union Terminal Mail Building parking lot on March 20,
1969, thereby blocking the exit of several cars, refusing to promptly
move your car when requested to do so and threatening a fellow
employe with bodily harm by shooting."
A transcript of the investigation conducted on March 31, 1969, has been
made a part of the Record. It is well settled that this Board will not attempt
to weigh evidence or to resolve conflicts therein, but if there is substantial
evidence to support the charge, and it is not shown that the action of the
Carrier was arbitrary, capricious or in bad faith, this Board will not interfere with the discipline imposed. Applying these principles to the Record in
this docket, and considering the Claimant's prior disciplinary record, there
is no proper basis for disturbing the action of the Carrier. The claim will
accordingly 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 not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: E. A. Killeen
Executive Secretary
Dated at Chicago, Illinois, this 23rd day of April 1971.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
18509