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Award No. 18618
Docket No. CL-18911
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Robert A. Franden, 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-6812) that:
1. Carrier acted in an arbitrary and capricious manner in
suspending Messrs. Paul Crutcher and Thomas Hamilton from
Carrier service on or about February 26, 1969.
2 Carrier shall be required to compensate Claimants Crutcher
and Hamilton for all time held from service until the suspension
ended.
3. The service records of Messrs. Crutcher and Hamilton shall
be cleared of all reference to the charge and suspension.
OPINION OF BOARD:
This is a discipline case. Claimants were suspended for a Rule G violation. A hearing was held and the transcript of
that hearing is part of the record. It is the position of the Claimants that the
evidence submitted was totally insufficient to sustain the charges.
We are mindful of the long line of cases decided by this Board wherein
we held that we will not disturb the actions of the Carrier in disciplining
its employes where there was sufficient evidence to support its actions. In
the present case, however, we are unable to say there was substantial evidence submitted to prove the charge. This is not a question of whether the
employes were intoxicated as that was never alleged. The iudgment of
witnesses as to that question would be competent and material. Here we
are concerned with what the substance was which the Claimants were drinking.
There is nothing in evidence to substantiate the charge that it was beer.
However well founded the assumptions of the Carrier officers may have been,
they cannot be regarded as competent evidence sufficient to substantiate the
charge.
Accordingly we will sustain 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 Agreement was violated.
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: E. A. Killeen
Executive Secretary
Dated at Chicago, Illinois, this 30th day of June 1971.
Keenan Printing Co., Chicago, Ill. Printed in U. S. A.
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