NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-21048
Francis X. Quinn, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Chicago and North Western Transportation
( Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Messrs. J. M. Rodriguez and J. I.
Martinez for alleged "theft or possession of lost or misplaced property" was capricious, arbitrary,
and on the basis of unproven charges (System Files D-11-17-68 and
D-11-17-69).
(2) Messrs. J. M. Rogriquez and J. I. Martinez be reinstated with seniority, vacation and all other
charges against them be stricken from their respective records; they
be compensated for all wage loss suffered, all in accordance with
Rule 22(e).
OPINION OF BOARD: We find the Carrier met its burden of proving
by substantial evidence a finding of guilt in
this instance.
We further find that Carrier's action in assessing the
discipline of dismissal was not unreasonable or arbitrary, considering the seriousness of the charge
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 dispule are respectively Carrier and Employes wit
the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
Agreement not violated.
Award Number 20849 Page 2
Docket Number MW-21048
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: p
Executive Secretary
Dated at Chicago, Illinois this 24th day of October 197.