NATIONAL
RAIIdtOAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20991
Francis X. Quinn, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific
( Railroad Company
STATEMM Cdr' CLAIM: Claim of the System Committee of the Brotherhood
(aL-7697) that:
1. Carrier violated the Clerks' Rules Agreement at Milwaukee,
Wisconsin when it failed to afford employe L. Bintz a fair and impartial
investigation.
2. Carrier further violated the agreement when it suspended
employs L. Bintz from Carrier service for a period of thirty (30) days,
which was arbitrary and unjust.
3. Carrier .hall now be required to clear employe
L.
Bintz'e
record of the charges made and pay him for all time lost.
OPINION CUB' BOARD: The record indicates that the claimant was given a
fair and impartial hearing.
Nothing in the record indicates the Carrier has acted in an
arbitrary or capricious manner, nor is there any evidence of bad faith on
the part of the Carrier toward this employe.
The precedent is well established that this Board should not
substitute its judgeeat for that of the Carrier in discipline cases where
it has produced substantial evidence that the offense was comitted.
Accordingly, we shall not disturb Carrier's 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 Employee involved in this dispute are
respectively Carrier aA Employee within the meaning of the Railway Labor
Act, as approved June 21, 1934;
Award Number 21094 Page 2
Docket Number CL-20991
That this Division of the Adjustment Hoard has jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL
RAILROAD ADJUSTMEIIT HOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 14th day of June 1976.