NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket
Number CL-19553
Arthur W. Devine, Referee
(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
STATEMENT OF CLAIM: Claim of the System
Committee of
the Brotherhood (GL-6965)
that:
(a) The Carrier violated the Rules Agreement, effective May 1,
1942, except as amended, particularly Rules 6-A-1 to 7-A-1, inclusive, when
it held out of service S. C. Cancilla, Baggage Department, Pennsylvania Station, Pittsburgh, Pennsyl
discipline of dismissal upon S. C. Cancilla, effective May 14, 1968.
(b) Discipline of dismissal from service imposed on S. C. Cancilla
be removed from his service record.
(c) S. C. Cancilla be compensated in accordance with Rule 7-A-1(d)
for all monetary loss sustained. (Docket 2472)
OPINION OF BOARD: The claimant had been an employe of the Carrier for some
thirty-one years and immediately prior to October 30,
1967 he occupied official position of Passenger Agent at Pittsburgh, Pennsyl
vania.
On October 30, 1967, claimant was relieved from the position of
Passenger Agent. He attempted to exercise his seniority as Assistant Foreman in the Baggage Departme
at which time he was advised in writing that he was being held out of service pending investigation
he was notified to attend a trial on January 9 on the following charges:
"1. Responsible for payment of false time cards to Eleanor R.
Kasarda, Station Baggageman, from June 10, 1966, to January
7, 1967, and various other dates in the year 1967, while employed in the Baggage Room, Pittsburgh, P
as Passenger Agent.
2. Improper reporting of personal injury of Eleanor R. Kasarda, Station Baggageman, injured on J
Pa., while in charge as Passenger Agent.
3. Improper reporting of personal injury of Joseph Nizankie
wicz, Station Baggageman, injured on May 7, 1967, while on
Aw -d Number 19493 Page 2
Docket Number CL-19553
"duty at the Pennsylvania Railroad Station, Pittsburgh,
Pa., while in charge as Passenger Agent.
4. Improper reporting of personal injury of C. J. Sparzak,
Station Baggageman, injured on September 9, 1967, while on
duty at the Pennsylvania Railroad Station, Pittsburgh, Pa.,
while in charge as Passenger Agent.
5. Payment of wages to N. J. Flocker, Station Baggageman,
during the period from February 14, 1962 to June 2, 1967,
inclusive, when he did not perform service for the Pennsyl
vania Railroad.
6. Failed to properly supervise administration of February
7, 1965 Agreement resulting in over payment of protected
rate adjustment in the amount of approximately $10,000.00
for S. L. Powell, J. L. Gable and thirteen (13) other employes."
The trial scheduled to begin on January 9, 1968, was postponed ana
begun on January 16, 1968, and was concluded on April 29, 1968. A copy of
the transcript, consisting of over 1100 pages, has been made a part of the
record. On May
la,
1968, claimant was notified of his dismissal from the
service on the basis of the first five charges.
While the manner in which the trial was conducted may not be considered exemplary, from either the C
and appears to have been unduly prolonged, the claimant and his representative were permitted
that they desired. We, therefore, do not find that claimant was denied any
of his substantive rights by the manner in which the trial was conducted.
Neither is there any basis for the contention that the Notice of Trial was
improper and prohibited the claimant from presenting a proper defense.
As claimant held seniority under the Clerks' Agreement and was
attempting to exercise seniority under that Agreement, it was proper for the
Carrier to proceed under Rule 6 of the Agreement. It can not properly be
contended that the Carrier violated the Agreement by affording the claimant
the procedural protection contained in Rule 6.
It is well settled by prior awards of this Board that in disciplinary proceedings the Board will not
judgment for that of the Carrier where there is substantial evidence to support the charges. Applyin
that the,- was substantial evidence, even though disputed, to support the
five charges on which the claimant was dismissed from the service. Even the,,
this Referee is reluctant to sustain dismissal of an employe with years of
Award Number 19493 Page 3
Docket Number CL-19553
service such as the claimant had, it cannot properly be said that on the
basis of the record the penalty was excessive, or that the actions of the
Carrier were arbitrary, capricious or in bad faith. We will, therefore,
deny the claim.
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 Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
~~.
Executive Secretary
Dated at Chicago, Illinois, this 17th day of November 1972.