John H. Dorsey, Referee


          (Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Illinois Terminal Railroad Company


                        STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7180) that:


          1. The Carrier violated the agreement between the parties when on November 19, 1971, it dismissed Clerk Ralph E. Burrow from service after failure to afford a fair and impartial hearing and based on charges not precise and not substantially proven,


          2. The Carrier's action in dismissing Mr. Burrow was unjust, unreasonable, arbitrary and caprici


          3. Clerk Burrow shall now be reinstated to the service of the Carrier with seniority and other rights unimpaired.


          4, Clerk Burrow shall now be compensated for all wages and other losses commencing November 19, 1971, and his record shall be cleared of all alleged charges or allegations which may have been recorded thereon as the result of the alleged violation named herein.


                        OPINION OF BOARD: This is a discipline case in which we find that Claimant was afforded due process.


          Subsequent to the investigation, Carrier by letter dated November 19, 1971, informed Claimant that the evidence adduced during the investigation indicated he was guilty as charged and he was dismissed based on this evidence and in part due to his "poor past personnel record,"


          On July 31, 1972, Carrier offered Claimant the opportunity to immediately return to work on a le Chairman, who under date of August 1, 1972, wrote to Carrier: "We would be willing for (Claimant) to return to work with the condition that the National Railroad Adjustment Board would decide the monetary portion of our claim,"


                On August 8, 1972, Carrier wrote to the General Chairman:


                "I had requested that you and Mr. Burrow come to my office at 9:00 AM, August 7, for a conference preparatory to Mr. Burrow being reinstated.


.·i~ s..,.,=~
                            Award Number 19681 Page 2

                            Docket Number CL-19873


                "Just prior to conference time, I received a letter from Mr. Burrow that he could not attend such a meeting until August 21. Copy of Mr. Burrow's letter is attached.

                We held our conference and I stated that in my opinion Mr. Burrow was on tenuous grounds in not coming to the conference especially since my offer for conf conference on his case.

                In view of Mr. Burrows' lackadaisical attitude concerning his dismissal, this is to advise I plan on no further overtures in his behalf."


          The record supports the findings that: (1) Claimant by his conduct exhibited indifference as to Carrier's offer of reinstatement; and (2) Claimant failed in his obliga record raises reasonable doubts as to whether Claimant was guilty as charged.


          For the foregoing reasons we will award that Carrier reinstate Claimant with seniority, vacation the claim for compensation for loss of wages.


                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 Claimant, because of his conduct, failed to support entitlement to compensation for loss of wages.


                            A W A R D


                Claim sustained to the extent set forth in the Opinion, supra.


                                    NATIONAL RAILROAD ADJUSTMENT BOARD

                                    By Order of Third Division


                ATTEST: Executive Secretary


          Dated at Chicago, Illinois, this 23rd day of March 1973.


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