NATIONAL RAILROAD ADJUSTMENT BOARD
Arthur W. Devine, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
LEHIGH VALLEY RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6859) that:
(a) The carrier violated the current Agreement between the
parties, when after Hearing and Investigation held on March 9, 1970,
it dismissed Mrs. E. Wynne, from service without just cause, and,
(b) Carrier's action in this case is arbitrary, capricious, and
unwarranted.
(c) The evidence adduced at the Hearing and Investigation held
on March 9, 1970, in the office of Mr. A. J. Wago, Manager, Freight
Claim, & Prevention, does not, and did not warrant dismissal from
the service of Mrs. E. Wynne.
(d) The Carrier shall now be required to restore Mrs. E. Wynne,
to service with all rights unimpaired and compensate her for ail wage
loss from March 3, 1970, when she was suspended from service pending Investigation and Hearing, until restored to service with all rights
unimpaired; such rights to include, paid for life insurance, and hospital, medical and surgical insurance for herself and dependents,
Travelers Insurance Company.
OPINION OF BOARD:
This is a companion case to the one covered in
our Award 18701. The Claimant herein is the wife of the claimant in Award
18701; was employed as clerk in the same office, and was dismissed for her
involvement in the same occurrence on February 25, 1970. Our findings in
Award 18701 are, by reference, incorporated herein.
A careful study of the transcript of the investigation conducted on
March 9, 1950, convinces us that some discipline was warranted against the
Claimant, but considering her years of service with the Carrier of almost
twenty years, with no record of any prior discipline, permanent dismissal was
excessive. We will award that Claimant be restored to service with seniority
and other rights unimpaired, but without compensation for time lost while
out of service.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, find's 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 discipline imposed was excessive.
AWARD
Claim sustained to the extent set forth in the Opinion and Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: E. A. Killeen
Executive Secretary
Dated at Chicago, Illinois, this 24th day of September 1971.
Keenan Printing Co., l,hicago, Ill. Printed in U.S.A.
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