HATICNAL RAILROAD ADJ·JST1~LNT BOARD

Award Number 21880

THIRD DIVISION Docket Number CL-21351

Nicholas H. Zumas, Referee

(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (The Pittsburgh & Lake Erie Railroad Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood, GL-7913, that:

(a) Carrier erred in administering discipline to Operator T. F. Cicerchi following a formal investigation held at Struthers, Ohio on September 26, 1974.

(b) Carrier be required to correct its error by clearing Operator Cicerchi's record of the five day deferred suspension administered by letter over the signature of the Carrier's Transportation Superintendent on the date of October 3, 1974.

OPINION OF BOARD: . This is a companion case to Award No. 21879,
and the issues are identical to those raised in
that dispute. The Board is governed by the award rendered therein.

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 Railway Labor Act, as approved June 21, 1934;

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

The Agreement was not violated.

Award Number 21880 Page 2

Docket Number CL-21351

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST:

Executive Secretary

Dated at Chicago, Illinois, this 31st day of January 1978.