NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-19979
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Western Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7153)
that:
1. The Carrier violated the rules of the Agreement extant between
the parties when it withheld Mr. M. E. Huffman from service and subsequently
dismissed him on July 9, 1971, following investigation held on June 30, 1971.
2. Mr. M. E. Huffman be allowed a days' pay for each day he was improperly held out of service f
the Carrier with all seniority and other rights restored.
OPINION OF BOARD: Following an appropriate investigation on charges of being
absent without proper authority, Claimant was dismissed
from Carrier's service.
The record shows that the cause of the unauthorized absence was
Claimant's confinement to jail because of his failure to comply with the terms
of probation that had been previously imposed for a traffic violation.
Approximately three months after his dismissal, Claimant was reinstated by Carrier and advised t
thereby terminated his seniority and employment relationship.
The record fails to disclose that any of Claimant's agreement rights
were violated and therefore the claim must be denied.
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 19847 Page 2
Docket Number CL-19979
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive
S
retary
Dated at Chicago, Illinois, this 13th day of July 1973.