NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20799
Francis X. Quinn, 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-7644) that:
1. The Carrier violated the effective Clerks' Agreement
when following an investigation held on June 12, 1973, it arbitrarily.
and capriciously dismissed Clerk Vincent E. Mendoza from service effective June 14, 1973.
2. That Clerk Vincent E. Mendoza be reinstated to the service of the Carrier with seniority and
his record cleared of the charge.
3. That Clerk Vincent E. Mendoza shall now be compensated
for any and all wage loss suffered as the result of his dismissal from
Carrier service.
OPINION OF BOARD: The record indicates mitigating circumstances that
should have been developed by the Carrier. In view
of these mitigating circumstances, Claimant did not deserve the supreme
penalty of dismissal from service.
Therefore Claimant will be reinstated to the service of the
Carrier with seniority and all other rights unimpaired but without any
monetary compensation.
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
the Railway Labor Act, as approved June 21, 1934;
Award Number 20618 Page 2
Docket Number CL-20799
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an
That the Agreement was violated to the extent shown in
Opinion.
A W A R D
Claim sustained to the extent and in the manner set forth
in Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
1_0A 44
~ By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 21st day of February 1975.
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