NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 20603

THIRD DIVISION Docket Number CL-20728

Irwin M. Lieberman, Referee

(Brotherhood of Railway, Airline and Steamship

( Clerks, Freight Handlers, Express and Station
Employes
PARTIES TO DISPUTE:

(The Belt Railway Company of Chicago

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

7564) that:

1. The Carrier violated the effective Clerks' Agreement when it dismissed Clerk Warren R. Chilton from service, effective March 9, 1973.

2. That Clerk Chilton be reinstated to the service of the Carrier with seniority and all other r of the charge.

3. That Clerk Chilton shall now be compensated for any and all

wage loss suffered as the result of his dismissal from Carrier service
retroactive to March 9, 1973. _

OPINION OF BOARD; This is a discipline case involving Claimant's dis-
missal from service after he was charged with violation of Company rules for his unauthorized po Carrier's property.

Petitioner first raises certain procedural issues including a contention that the notice of hearing did not contain a clear and precise
charge. We find the contention with respect to the charge to be without ,.
merit since the notice served on Claimant was sufficient to fully appr;se
him of the nature of the offense charged and thus to enable him to pre
pare his defense. After careful examination of the transcript and the
entire record of this dispute, we find that Claimant's right to due pro
cess and all other rights guaranteed him by the Agreement were properly
accorded him throughout the handling of this dispute.

The transcript of the investigation contains substantial evidence to support the conclusion that made by Carrier. In view of the seriousness of the offense and the evidence establishing Claimant's guilt, we do not find that the penalty of dismissal was excessive or arbitrary.

Award Number 20603 page 2

Docket Number CL-20728

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 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 the Agreement was not violated.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSMW BOARD

By Order of Third Division

ATTEST: i
Executive Secretary

Dated at Chicago, Illinois, this 31st day of January 1975.