NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21045
William M. Edgett, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Port Terminal Railroad Association
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7773)
that:
(1) The Carrier violated the current Clerks' Agreement when on October 3, 1973, it arbitrarily a
service of the Port Terminal Railroad Association until she was permitted to
return to work effective 12:01 AM, Thursday, October 18, 1973.
(2) Clerk Dehart be paid a day's pay for October 3, 1973, and each
subsequent date she could have worked on her regular assignment or through the
exercise of her seniority up to 12:01 AM., October 18, 1973.
(3) The Port Terminal Railroad Association be required to clear
Clerk Dehart's service record of all charges and discipline assessed in regard
to the case at hand.
OPINION OF BOARD: Claimant, while off duty, called a fellow employe to remon-
strate for her failure to enter her son's bid for a position.
The fellow employe had been serving as Chief Clerk and had promised Claimant's
son she would put his bid in. The language used was not polite and while a reprimand might have been
the offense. The claim will be sustained.
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
Y
Award Number 21046 page 2
Docket Number CL-21045
That the claim should be sustained.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 29th day of April 1976.