NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-19988
Joseph A. Sickles, Referee
(Brotherhood of Maintenance of Way Employee
PARTIES TO DISPUTE:
(Terminal Railway Alabama State Docks
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Welder Charles Shell was excessive, without
just and sufficient cause and wholly disproportionate to the offense with which
charged.
(2) Welder Charles Shell be reinstated with all rights unimpaired
and compensated for all wage loss suffered since September 1, 1972.
OPINION OF BOARD: In this discipline case we find that: (1) Claimant was
afforded due process; (2) there is substantial probative
evidence of probative value which supports Carrier's finding of Claimant's
guilt; and (3) under the circumstances presented here, the discipline imposed
was not unreasonable.
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 Employee involved in this dispute are
respectively Carrier and Employee 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:
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Dated at Chicago, Illinois, this 11th day of May 1973.