NATIONAL
RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-19512
Joseph E. Cole, Referee . .,
' (Brotherhood of Railway_ Airline and Steamship Clerks,
Freight Handlers; Express and Station Employes
PARTIES TO DISPUTE:
(Pacific Fruit Express Company
STATEMENT OF CIAIM: Claim of the System Committee of, the Brotherhood (GL-7051)
that:
(a) The Pacific Fruit Express Company violated the current Clerks'
Agreement when on June 15, 1971 it suspended employe Robert F. Garcia from
service for thirty..(30) Work days from June 19, 1971 through July 28., 1971 ..
inclusive; and,
(b)
The Pacific Fruit Express- Company.shall now be required to compensate Mr. Garcia for each work
pro rata rate of his position, Relief A, including holiday allowance; and,
(c) The Pacific Fruit Express Company shall be required to make premium payments on behalf of Mr
and Welfare provisions of the current Clerks' Agreement, for all benefits described
in the contract.
OPINION OF
BOARD: 1. A timely formal investigation was held in a fair and impartial manner.
2. Claimant.
was
advised of the charges against him.
3. The proper officer conducted the investigation and imposed discipline
on the claimant.
4. The investigative hearing was.: fair and impartial and the decision
and imposition of the discipline was not arbitrary and capricious.
5. Referee Paul Dugan in 16189 states the position of the Board when
the awardkaaid "...our function in discipline cases is not to substitute our
judgment for the company or decide the matter in accord with what we might or might
not have done had it been ours to determine, but to pass upon the question whether,
without weighing it, there is some substantial evidence to sustain a finding of
guilty."
6. In this instance there was substantial evidence to sustain a finding
of guilty against the Claimant.
Award Number 19489 Page 2
Docket Number CL-19512
7. Again in Referee Dugan's Award 16189 the award reads "7n regard
to the penalty assessed in the case, the record clearly shows that the action
of the Carrier with respect thereto was not so unjust, unreasonable, or arbitrary so as to constitut
penalty for said violation." The same is true in the current claim and the
Board adopts this language.
FINDINGS: The Third Division of thc! Adjustment Board, upon the whole record and
all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the rmployes 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 not violated.
A W A R D _
Claim domed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTT?ST:
tC
Dated at Chicago, Illinois, this 17th day of November 1972.
