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NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 21462

THIRD DIVISION Docket Number CL-21700

David C. Handles, Referee

(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Port Terminal Railroad Association
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STATEN= OF CLAIM: Claim of the System Committee of the Brotherhood, GL-8229, that:

1. The Association violated the current Clerks' Agreement at Houston, Texas, when on September 29, 1975, it arbitrarily and capriciously discharged Clerk M. R. Peacock from the service of the Port Terminal Railroad Association without just and sufficient cause and denied him a fair and impartial hearing and review.

2. The Port Terminal Railroad Association be required to restore Clerk M. R. Peacock to the service of the Association with full seniority, vacation and other employe rights restored unimpaired, pay him a day's pay for September 28, 1975, and each subsequent work day thereafter that he could have performed service for the Association.

OPINION OF BOARD: . The record reveals that Claimant admitted he was guilty
of failing to protect his assignment, the specific
offense that induced his dismissal, and he did not deny his "continued
previous rule violations." For one of the previous violations Claimant was
dismissed by Carrier, but he was later restored to service by this Board-
Award 17797. Claimant was accorded a fair hearing in the instant case.
From all of this it does not appear that Carrier was arbitrary or capricious
in finding Claimant guilty or in assessing the discipline of dismissal;
therefore, the claim must be denied.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

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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

Award Number 21462 Page 2

Docket Number Ch-21700

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That the Agreement was not violated.

A W A R D

Claim denied.

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NATIONAL RAILROAD ADJLTSTNMT BOARD

By Order of Third Division

ATTEST: a ~W, R"'01~

Executive Secretary

Dated at Chicago, Illinois, this 18th day of Varch 1977.

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