NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Robert M. O'Brien, Referee

PARTIES TO DISPUTE:

Award Humber 19397
Docket Humber CL-19626

(Brotherhood of Railway, Airline and Steamship Clerks,
Freight Handlers, Express and Station Employee

(The Union Terminal Company

STAMENT OF CLAIM: Claim of the System Caumittee of the Brotherhood (GL-7057) that:

(a) The Carrier violated the current Clerks' Agreement when on December 10, 1970, it arbitrarily from service of The Union Terminal Company (Dallas) effective December 11, 1970.

(b) Clerk Thrower be reinstated to the service of The Union Terminal

Company with all seniority, vacation end other employe rights paired.

(c) Clark Thrower be compensated for a day's pay at the proper rate of pay of Mail Foremen position for December 11, 1970, and each and ail subsequent dates he could have worked had he not been arbitrarily and capriciou discharged from the service of The Union Terminal Company (Dallas).

OPINION CIF BOARD: On November 30, 1970, Claimant was notified to attend a
formal investigation "to develop facts and place responsi
bility for your alleged failure during your tour of duty November 23 and Rmroa
bar 29 to devote your time an duty to the beat of your ability as prescribed
by Union Terminal General Rule 1, paragraph 3 and Rule 18, paragraph 3. Also,
failure to require employee under your supervision to devote their time an duty
exclusively to their duties during their tour of duty as required by General

Rule 18, paragraph 3 and failure to promptly unload and load mail taking into consideration force allotted to your supervision in compliance with Rule 32." Following the investigation, Claimant was notified that he was found guilty of the above charges and he was dismissed from the Company,

This Hoard has carefully reviewed the record and finds that acne of Claimant's procedural rights under the Agreement were violated in the manner in which he was charged or the investigation and appeal from the decision thereof conducted. There w support the charges against the Claimant. And it is not within our jurisdiction to substitute our ju
restored nnim-

Award Bomber 19397 page 2

Docket Number CL-19626

However, we are of the opinion that taking into consideration Claimant's twenty-eight years of service end his prior service record that the discipline of dismissal was excessive. Consequently, we hereby order that Claimant be restored to service with the Company with all seniority rights unimpaired but without compensation for time withheld from service. However, in light of the fact that the COMPW substantiated the charges against him, Claimant is not to be restored to his former position of Mail Foreman in the Mail Department.

FINDINGS: The Third Division of the Adjustment Hoard, upon the whole record and all the -avidence, finds and holas:

That the parties waived oral hearing;

That the Carrier and the Employes involved in this dispute are respectively Carrier and Employee within tha meaning of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Hoard has jurisdiction over the dispute involved herein; and

That the Agreement was not violated but the discipline imposed was excessive.

A W A R D

Claim sustained in part, denied in part per the Opinion.

NATIONAL RAILROAD ADJUSTMENT HOARD

By Order of Third Division

ATTEST: .~y~ Executive Secretary

Dated at Chicago, Illinois, this 15th day of September 1972.

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