NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20891
Francis X. Quinn, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Burlington Northern Inc.
STATEMENT
OF CLAIM:
Claim of the System Committee of the Brotherhood
(GL-7679)
that:
(1) The Carrier violated the provisions of the Clerks' Working
Agreement when it censored and suspended from service for seven days, Messrs.
C. A. Waggoner, Car Distributor and J. A. Watke, Accountant, both located at
Omaha, Nebraska.
(2) The Carrier shall now be required to remove the entry of censure from Mr. C. A. Waggoner's perso
him for all wages lost, including loss of holiday and overtime pay for the period August
31, 1973
to September
6, 1973,
both dates inclusive.
(3)
The Carrier shall now be required to remove the entry of censure
from Mr. J. A. Watke's personal record, show exoneration, compensating him for
all wages lost, including loss of holiday and overtime pay for the period from
September
1, 1973
to September
7, 1973,
both dates inclusive.
OPINION
OF
BOARD: A careful review of the record indicates no prejudice to
the claimants in the operation of the discipline rule.
The ult1mate goal of the discipline assessed in this case is to help
insure the security of the Company mail. This does not mean that an employe
wishing to retrieve a letter he/she has written may not do so. What it does
mean is that should he/she desire the return of a letter he/she authored, proper
channels, dictated by common sense and a respect for the privacy of another's
mail, should be followed.
The evidence indicates that the claimants were not authorized to open
or otherwise handle the Company's mail. Their actions were improper.
The Carrier demonstrated fairness and objectivity in determining the
amount of discipline. Therefore, we find the claim without merit.
Award Number 21000 Page 2
Docket Number CL-20891
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
1~
By Order of Third Division
ATTEST:
42w PP
Dated at Chicago, Illinois, this 12th day of March 1976.
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