NATIONAL RAILROAD ADJUSTMENT BOARD




(Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employes PARTIES TO DISPUTE:

 Chicago, Milwaukee, St. Paul and Pacific Railroad Compemy

1. Carrier violated the Clerks' Rules Agreement at Council Bluffs, Iowa when on November 1, 1973 it disciplined employe F. L. Hudson without benefit of an investigation.

 2, Carrier shall now be required to compensate employe F. Hudson, Jr. for all time lost, and clear his record of the charges made.

 OPINION OF BOARD: On October 18, 1973, Carrier's trainmsster, as
 provided in the discipline rules of the Agreement,
 notified claimant to appear at an investigation to establish cause
 and place responsibility, if arty, in connection with his alleged
 failure to properly make up a train list. The next day claimant
 responded, waiving the investigation and admitting full. responsibility
 far the error in connection with mishandling of a car. Ten days
 thereafter Carrier's Superintendent notified him that he was
 suspended from actual service for fifteen days. The claim before
 the Hoard seeks removal of the discipline.

 In its submission before this Board the Organization does not allege that Carrier solicited or coerced claimant into his preinvestigation admission of responsibility or the waiving of investigation. Under these circumstances the Board must conclude that the Agreement was not violated.

 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 Railney 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 BOARD

                        By Order of Third Division


ATTEST: 40 4/4
        Executive Secretary


Dated at Chicago, Illinois, this 17th day of June 1977.