0:rotherhoed of Railway, Airline and Steamship Clerks, !Fr~,i;;ht Fandlers, Exprc~s an-1 Station Employes PARTIES TO_DISPITr.: 'Fruit Grnwers Express Company


        STATEMENT OF CLAIM: i.'1 aim of the System C_·rcnittee of the Brotherhood (GL-7160)

          -- ~t,at:


        1. The Carrior violated the Agreement between the parties when on March 21, 1971, it ·1i~:~i.csed Station Foreman J. C. Martin from service after failure to afford a fair and impartial hearing and based on charges not substantially proven.


        2. The Carri r'r: actioli in dismissin; Mr. Martin was unjust, unreasonable, arbitrary .iced caprici The discipline assc:;s,·,i spas too harsh and excessive.


        3. Stati-n t·rema- J. C. Martin shall now be reinstated to the service of the Carrier with seniority and other rigl;ts unimpaired.


        4. Station Foreman J. C. Martin shall now be compensated for all wage and other losses sustained account this summary dismissal.


        5. Station Foreman J. C. Martin's record shall be cleared of all alleged charges or allegations which may have been recorded thereon as the result of the alleged violation named hcrein.


        OPINION OF BOARD: This is a dismissal case arising under Agreement between

        the parties, effective April 1, 1953, as revised and

        supplemented. Claimant was employed as Station Foreman by the Carrier at

        Kearncy, New ,Jersey, until March 21, 1971. By letter dated March 24, 1971,

        he was charged with improper conduct including, _i.ntcr al-ia, the commission

        of acts which resulted in the impoundment of a company vehicle by the Newark,

        New Jersey, Police Department. Following haring conducted on March 31,

        1971, guilt on th= charge was found and claimant was dismissed by letter

        dated April 8, 1971.


        Petitioner urges that mitigating circumata·.a7es were not properly taken into account by Cnrrior in making the dismissal and that a procedural irregularity nccurrcd. IJ-, find no m·=ri.t in either of these points.


i
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                    Award Number 19592 Page 2

                    Docket Number CL-19829


The claimant's own actions set in motion a chain of circu-nstances which resulted in the imp:)uzimen_ of the company vehicle. These circumstances were fully apparent in the inriestigation, so there is no reason to believe the Carrier did not consider possible mitigation in making its decision to dismiss.

 Th_ procedural irregularity is more serious, in that Carrier's official hearing transcript paraphrases various portions of the testimony, rather than presenting the actual words spoken by the witnesses. This is bad proccd-ice. It could result in a cryptic version of a matter on which it is vital for. this t. _.,i to know the full facts. However, Petitioner has supplied a vo_-%atim 'r,-1o.-cript on matters which were paraphrased in the official transcript. l4.· are th.refore satisfied that the record is adequate for our review.

 On the record as a whale we find the claimant received a fair and impartial hearing and that the evidence supports the Carrier's action.

        FINDINGS: The Third Pivisio-1 of th-- Adjustmen`. Board, upon the :hole record and all th:· .,vjdv.-icc, finds and !ioLJs:


      That the parLl:~s waived oral hearin,;;


That tliz~ Ca-rier and the Employes involved in this dispute are respectively Carrier and Employes within the neaning of the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Board has jirisdiction over the dispute involved herein; ani

      That the Agreem~nt was not violated.


                    A WAR D


      Claim d,,ni,-I.


                      NATIONAL RAILRDVD ADJUSTMENT BOARD


                  ,

                          By Ordir of T1iird Division


ATTEST: ~C> r .=i· ~.~
 Ex-cutiva Secretary

 Dated at Chicago, Illinois, this 14th day of February 1973.

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