NATIONAL RAILROAD ADJUSTMENT BOARD

Award :lumber 20653

THIRD DIVISION Docket Number CL-20820

Francis X. Quinn, Referee

(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and
( Station Employes
PARTIES TO DISPUTE:
(Elgin, Joliet and Eastern Railway Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7632) that:

(1) The Carrier violated the rules of the effective Clerks' Agreement when following investigation held on July 9, 1973, it arbitrarily and capriciously dismiss
(2) Delores Horne shall now be reinstated to the service of the Carrier with seniority and all other rights unimpaired and her record cleared of any charge.

(3) Delores Horne shall now be compensated for any and all wage loss suffered as the result of her dismissal from Carrier service.

OPINION OF BOARD: One can hardly successfully argue that this employee
was not given ample opportunity to improve her record,
nor that she was not adequately forwaraed that lack of marked improvement
would result in disciplinary action. The Board realizes that permanent
dismissal is indeed a most severe penalty but having carefully reviewed
the record in this case the Board finds that the discipline assessed was
not an abuse of management's discretionary authority and we are, therefore
constrained to deny the claim.

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 20653 page 2

Docket Number CL-20820

That the Agreement was not violated.

A W A R D

Claim denied.

NATIONAL. RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST: ~!J ~W Executive Secretary

Dated at Chicago, Illinois, this 21st day of March 1975.