NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-21080
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Track Laborer Carl Reed on July 8, 1974 was
without just and
sufficient cause
and extremely disproportionate to the offense which he allegedly committed (System File B-1332).
(2) Track Laborer Carl Reed shall be reinstated to service with
seniority, vacation and all other rights unimpaired and with pay for all time
lost, all in accordance with Article 4,Rule 1(d).
OPINION OF BOARD: There is evidence in the record of the hearing on the
property that Claimant Reed failed to comply with the instructions of his supervisor. Claimant was a
hearing. In view of his short length of service and prior discipline, we cannot say that Carrier abu
discretion in
taking dismissal action.
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:
Executive Secretary
Dated at Chicago, Illinois, this 12th day of December 1975.