C:\MYDOCU~1\SCHEDU~2\3-20176.htm

NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 20176

THIRD DIVISION Docket Number CL-20361

Joseph Lazar, Referee

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

STATEMENT OF CLAIM: Claim of the Committee of the Brotherhood (GL7356) that:

(a) Carrier violated the current working agreement by dismissing Mr. R. J. Kist without just cau (b) Carrier shall now reinstate Mr. Kist with full seniority and all rights unimpaired, and

(c) Carrier shall restore Mfr. Kist to service, and

(d) Carrier shall compensate Mr. Kist one day's pay for each day lost beginning June 1, 1972 and continuous until such time as Claimant Kist is restored to service. OPINION OF BOARD: In its submission to the Board the Petitioner has raised several procedural issues which the record shows were not raised in the handling of the dispute on the property. It is so well settled as to require no citation that this Board, in adjudicating disputes, may not consider issues or defenses not raised by the parties in the handling of the dispute on the property. Based upon the record of the dispute as handled on the property, the Board finds that none of claimant's substantive procedural rights were violated. Without reciting the details leading up to claimant's dismissal from Carrier's service, the Board finds no justification for interfering with the discipline imposed by the Carrier. Suffice it to say that there was substantial evidenco adduced at the investigation to prove the claimant gui

Award .;umber

2o176

Page 2

Docket :;umber CL-20361

FLvDI:;GS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and Bolds:

That the parties waived oral hearing;

That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes the Railway Labor act, as approved June 21, 193+; That this Division of the Adjustment Board has jurisdiction, over the dispute involved herein; a

That the Agreement was not violated.

A W A R D

Claim denied. NATIONAL RAILROAD AD.711S~fr·'NT Rn4Rn By Order of Third Division ATTEST: dzv, Executive Secretary . Dated at Chicago, Illinois, this 15th day of March 1974.