George S. Roukis, Referee
 (Brotherhood of Railway, Airline and
 ( Steamship Clerks, Freight Handlers,
 ~.,S ~ ( Express and Station Employes
 PARTIES DISPUTE:
 (Norfolk and :Western Railway Company

 STAT= OF CIAIM: Claim of the System Committee of the Brotherhood,

1. Carrier violated the Agreement between the parties when on D?arch 8 thru 12, 1975, Clerk L. A. Collier was arbitrarily and capriciously assessed five (5) da
2. The Carrier's action ·ras unjust, unreasonable and an abuse of Carrier's discretion. The discipline was assessed without any proof whatever of the charges made.

 3. Carrier shall now compensate L. A. Collier for each day held out of service with seniority and all other rights unimpaired.

 OPINION OF BOARD: Thig is a companion case to that disposed of in
 Award 21713. The Claimant herein was one of the two clerks charged with a~violation of permitting Extra East 2918 to depart Bellevue Terminal on December 29, 1974,-without waybills covering seven tank cars containing danF-erous lading. Our findings in Award 21713 hold equally well in the instant case and we will sustain this claim.

 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 Etnployes involved in this dispute
 are respectively Carrier and Dnployes within the meaning of the Railway
 Labor Act, as approved June 21, 193li,-


That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        The Agreement was violated.


                  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 September 1977.

 OCT 2 7 1977

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