(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-7277) that:


      1. The Western Pacific Railroad Company violated the current Clerks' Agreement when on December 31, 1971 it arbitrarily dismissed employe E. M. Castle from service; and,


      2. The Western Pacific Railroad Company shall now be required to allow Mr. E. M. Castle eight hours' pay for each date held out of service up to but not including April 10, 1972, the date he was reinstated to service.


      OPINION OF BOARD: This is a disciplinary discharge case wherein Claimant,

      E. M. Castle was dismissed from the service of Carrier on December 31, 1971, following appropriate investigation into charges of absenting himself from duty w engaging in outside employment during the assigned hours of his regular assignment. The instant clai supported by any probative evidence and was therefore arbitrary.


      Claimant was a regularly assigned Train Desk Clerk, Sacramento Freight Office with hours from 3:00 p.m. to 11:00 p.m., Monday through Friday. Evidence was adduced at the investigative hearing that Claimant laid off on account of illness on Thursday December 9, 1971. Two officials of Carrier testified that on Monday December 13, 1971, at 4:00 p.m, they observed Claimant as he operated a machine shop business which he owned. Moreover, Claimant stated on the record that he had supervised work in his shop from time to time on December 13, 1971 while on sick leave from the Carrier.


      From essentially the foregoing evidence, Carrier concluded that Claimant had been absent without proper authority and had engaged in outside employment during the a find substantial evidence in the record to support Carrier= decision and assessment of discipline and, therefore, we shall not disturb Carrier's action. See Awards 16189, 17157, 17914, 18550, 18784, 19216, 19763, and others.


              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;


1
                    Award ;lumber 20174 Page 2

                    Docket `lumber CL-20200


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

        The Agreement was not violated.


                    AA W


        Claim denied.


                          NATIONAL RAILROAD ADJUST~MNT BOARD

                          By Order of Third Division


ATTEST: Executive Secretary

 Dated at Chicago, Illinois, this 15th day of March 1974·