NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CLX-20751
William M. Edgett, Referee
(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and
( Station Employes
PARTIES TO DISPUTE:
(REA Express, Inc.
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-7583) that:
1. The Agreement between the parties was violated when employe
Ronnie Sobbe was dismissed from service on October 27, 1972 without just
cause, and was further violated when he was denied a fair and impartial
hearing on appeal; and
2. REA Express shall reinstate Ronnie Sobbe to service with full
seniority rights and benefits; and
3. Claimant shall have.his.record cleared of all charges and paid
for all time lost from October 27, 1972 to date,he is reinstated; and
4. REA Express shall pay Claimant interest at the statutory rate
for the State of Illinois for any amounts due under (3) hereof.
OPINION OF BOARD: In the handling of this claim on the property and before
the Board, REA Express argued that because Claimant had
been in its service less than 60 days and his application had not been ap
proved his employment relationship could be terminated without benefit of
investigation as provided under Rule 11 (a). REA further argued that the
fact that it held an investigation under Rule 11 (a) to determine cause and
responsibility for the vehicle accident did not constructively waive its
right to disapprove Claimant's application for employment, even after the
determination at the investigation that Claimant was guilty of the charges
placed against him and his dismissal from the service of REA.
We do not think that the investigation and REA's dismissal of
Claimant for cause within his first 60 days' employment erases the right
of REA to approve or disapprove Claimant's application under Rule 15 (a)
of the Agreement. The fact that Claimant's application for employment
was disapproved following the conclusion of the investigation effectively
moots any claim that Claimant may have for re-employment.
The claim will be denied.
Award Number 20679 Page 2
Docket Number CLX-20751
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
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
00
Dated at Chicago, Illinois, this 17th day of April 1975.