NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20953
Francis X. Quinn, Referee
(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and Station
( Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Pacific Lines)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood,
(GL-7736) that:
(a) The Southern Pacific Transportation Company violated
the current Clerks' Agreement when it dismissed Mr. E. W. Brewer, Jr.
from service on August 15, 1973; and,
(b) The Southern Pacific Transportation Company shall now
be required to reinstate Mr. E. W. Brewer to service and compensate
him for eight hours at the rate of his position August 15, 1973 and
each date thereafter until restored to service with all seniority
rights unimpaired; and,
(c) For any month in which claim is here made for compensation on behalf of Mr. E. W. Brewer, th
premium payments in his behalf in the appropriate amounts required
under Travelers Group Policy Contract GA-23000 as amended, for all
benefits prescribed therein.
OPINION OF BOARD: After careful review of the record the question
at issue is the amount of discipline. Based on
the circumstances of the instant case we find that dismissal deserves
to be mitigated. Therefore we will restore the claimant to service
but deny his requests for compensation.
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
the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an
That the Agreement was violated in part.
Award Number 20978 Page 2
Docket Number CL-20953
A W A R D
Claimant is to be restored to service with seniority rights
unimpaired but without compensation.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
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Executive Secretary
Dated at Chicago, Illinois, this 27th day of February 1976.
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