NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20790
William M. Edgett, Referee
(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and
( Station Employes
PARTIES TO DISPUTE:
(Reading Company
( Andrew L. Lewis Jr. and Joseph L. Castle, Trustees
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-7615) that:
(a) The Carrier violated the Clerks Agreement when on May 8,
1973 it suspended D. E. Cofield, Clerk at Rutherford, Pa., from duty for
a period of ten (10) days.
(b) D. E. Cofield be compensated for all wage losses sustained
and his service record be cleared.
OPINION OF BOARD: Claimant found it necessary to be absent on April 18,
1973 and had a friend call to advise Carrier that he
would not be in. The crew caller testified that he spoke with the person
who called and was advised that Claimant would report for duty on April 19,
1973. This advice came after the crew caller specifically asked whether
he would be in on that date and the calling party left the telephone, ap
parently checking this point with the Claimant.
Claimant did not appear on April 19 and it was necessary for Carrier to make other arrangements
Claimant at the investigation was that the party who called did not advise
the crew caller that he would report for duty on April 19. Carrier obviously
chose to credit the direct testimony of the crew caller, which was not subject to challenge on cross
no procedural infirmity in the record. Carrier's decision was based on substantial evidence and no r
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;
Award Number 20823 page 2
Docket Number CL-20790
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:
~0& 0
is
of
x ecutive Secretary
Dated at Chicago, Illinois, this 30th day of September 1975.