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-6935) that:


(a) Carrier violated the agreement when it suspended Truck Operators V. L. Anderson and L. A. Meyer from the service from Novembe: 14, to December 10, 1960.

OPINION OF BOARD: This is a discipline case. The Claimants were suspended from the service of the Carrier from November 14 through December 10, 1969 for alleged insubordination in failing to obey an order to load trailers at the Taft ramp at Orlando, Florida.


The record reveals that at the investigation there was present substantial evidence of probative value that the Claimants are guilty of the offense charged. However, the record further reveals that there were extenuating circumstances involved which mitigate that guilt and that the punishment assessed by the Carrier was too severe. Accordingly we hold that a suspension without pay for 10 working days was the discipline warranted in this case. The Claimants are to be compensated in full for any pay lost in excess of ten working days.


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 discipline assessed was excessive.

Claim sustained in accordance with this Opinion.




Dated at Chicago, Illinois, this 10th day of December 1971.

 Keenan Printing Co., Chicago, Ill.

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