NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-19745
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7080)
that:
1) Carrier's action in dismissing Charles Beasley from service was
arbitrary and unjust. The penalty assessed was harsh, excessive and out of
proportion for a charge of failure to properly accomplish his Check Clerk duties
an July 30, 1970.
2) Carrier shall now be required to reinstate employe Charles Beasley
on his Check Clerk position in District No. 31 with all rights unimpaired and
compensate him for all losses sustained until he is returned to service.
OPINION OF BOARD: This is a discipline case in which wi find that: (1) Claim
ant eras afforded due process; (2) there is substantial evidence
of probative value which supports Carrier's finding of Claimant's guilt; and (3)
the discipline imposed was not unreasonable.
We find no reason to rule on a number of procedural issues raised by
the parties in their Submissions. This Opinion is not to be construed as being
res adjudicata as to any of those said issues.
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
Award Number 19677 Page 2
Docket Number CL-19745
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: ~'~''Lv.,~,~
Executive Secretary
Dated at Chicago, Illinois, this 23rd day of March 1973.