(Brotherhood of Railway, Airline and Steamship Clerks,
 ( Freight Handlers, Express and Station Employes
 PARTIES TO DISPUTE:
 (George P. Baker, Richard C. Bond, Jervis Langdon, Jr.
 ( and Willard Wirtz, Trustees of the Property of
 ( Penn Central Transportation Company, Debtor

(a) The Carrier violated the Rules Agreement, effective February 1, 1968, particularly Rule 6-A-1, when it assessed discipline of thirty days' suspension on Robert McKi Delaware, Chesapeake Division.

 (b) Claimant Robert McKinley's record be cleared of the charges brought against him on April 17, 1970.

 (c) Claimant Robert McKinley be compensated for wage loss sustained during the period out of service, plus interest at 6% per annum.

 OPINION OF BOARD: The record in this case discloses that Claimant held an
 assignment as a Clerk in the Maintenance of Equipment Account
 ing Department, Wilmington Heavy Repair Shops, Wilmington, Delaware. At that time,
 the Claimant was also a representative of the Brotherhood of Railway, Airline and
 Steamship Clerks holding the position of Division Chairman. On the morning of
 April 3, 1970, there occurred an illegal work stoppage or strike by certain shop
 craft employes of the Carrier represented by the Transport Workers Union of America.
 On this date, Carrier contends that Claimant failed to report for his regular as
 signment as Clerk in the Maintenance of Equipment Accounting Department. Carrier
 further contends that in Claimant's capacity as Division Chairman of the Clerks'
 Organization, he appeared in Carrier's office at Chester Freight Station and
 ordered the Clerks who had reported for work to leave their employment. Claimant
 denies this, but states that he suggested the Clerks leave their employment for
 their own safety. Carrier further contends that on the same date, Claimant ap
 peared at Carrier's Passenger and Freight Office at Wilmington, Delaware, and
 suggested that Clerks on duty at that location should leave the premises for their
 own safety. Carrier's Ticket Office at Wilmington was closed for a short period
 of time for the reason that ticket Clerks refused to work. As a result, Claimant
 was notified on April 17, 1970, to attend an investigation on Friday, April 24,
 1970, in connection with his responsibility for conduct hostile to the interest
                                  Docket Number CL-19346


              of Carrier. This investigation was completed on June 30, 1970, and Claimant was assessed 30 calendar days suspension after being found guilty of the charge. The Organization contends that Claimant was not guilty of the offense charged; that Claimant was not afforded a fair and impartial investigation; and that the discipline imposed was not warranted. The Organization, in support of their contention, states that Claimant was an officer of the Clerks' Organization.

I
              A careful study of Awards based upon similar facts compels this Board to uphold the action of Carrier in this instance. Award 11911 (Coburn) states:


                      "The Act's proscriptions against Carrier interference with, or coercion and intimidation of, dul authorized bargaining representatives may not be expanded to provide immunity to such representative as here, it is established that an employe representative knowingly induces a fellow employe to commit an act violative of company rules. Such conduct does no the orbit of those protected statutory responsibilities of


i
                      bargaining representatives under the Railway Labor Act."


                To hold otherwise would be tantamount to conferring upon a Union representative a carte blanche license to violate, and urge violation, of all rules under the guise of being an employe representative. Also, see Award No. 12320 (Yagoda).


                This Board finds that the investigation hearing was handled in a fair and impartial manner and that the findings and punishment were not arbitrary, capricious, or ex


                      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;

                    Award Number 19475 Page 3

                    Docket Number CL-19346


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

        That the Agreement was not violated.


                    A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: ~/
 Executive ecretary

 Dated at Chicago, Illinois, this 30th day of October 1972.