NATIONAL RAILROAD ADJUSTMENT HOARD

Award Number 21281

THIRD DIVISION Docket Number W-21494

John H. Dorsey, Referee

(Brotherhood of Maintenance of Way Employee PARTIES TO DISPUTE:

(Port Terminal Railroad Association

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

(1) The dismissal of Track Employe Victor Collins effective November 4, 1974 was without just and sufficient cause and, as a consequence thereof

(2) The provisions of Agreement Rule 11 (E) shall now be applied to Claimant Collins.

OPINION OF HOARD: Claimant was afforded due process.

The record contains substantial evidence of probative value that supports Carrier's affirmative defense that Claimant violated Rule 45.

The Carrier's imposed discipline -- dismissal from service -- was not excessive.

FINDINGS: The Third Division of the Adjustment Hoard, 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 and Employee within the meaning of the Railway Labor Act, as approved June 21, 1934;

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 ADJUSTMENT HOARD

By Order of Third Division

ATTEST: Executive Sedretary

Dated at Chicago, Illinois, this 12th day of November 1976.