NATIONAL RAILROAD ADJUSTi4LNT BOARD
THIRD DIVISION Docket Number CL-22070
Robert A. Franden, Referee
(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and
( Station Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Pacific Lines)
STATEI~T OF CLAM-1: Claim of the System Committee of the Brotherhood
GL-8365, that:
(a) The Southern Pacific Transportation Company violated the
current Clerk's Agreement when it dismissed Mrs. F. N. Okafor from
service following investigation at which it failed to prove the charges
for which she was brought to trial; and,
(b) The Southern Pacific Transportation Company shall now be
required to allow Mrs. F. N. Okafor one (1) days' pay at rate of
Investigator Position No. B 29, rate $55.19 per day, beginning September 13, 1976 and continuing eac
returned to service, plus insurance, seniority and all other rights
unimpaired.
OPINION OF BOARD: Pursuant to notice and investigation properly
held the Claimant was dismissed from the service
of the Carrier for violating Rule 801 of the General Rules and
Regulations which states that employes who are insubordinate/quarrel
some or otherwise vicious will not be retained in the service of the
Carrier.
The Claimant first alleged that the notice of the charge was
not sufficiently precise so as to be in accord with Rule 47. T-?e have
reviewed the notice letter from R. E. Hamilton dated September 13, 1976
and find it to be sufficient. The notice was sufficiently precise so as
to allow Claimant an opportunity to prepare a defense.
An examination of the transcript of the investigation reveals
that sufficient evidence of probative value was present to support the
charge. The conduct of the Claimant was indeed quarrelsome and insubordinate. Moreover her remark th
in and of itself support the dismissal.
Award Number 22004 Page 2
Docket Number CL-22070
FINDINGS: The Third Division of the Adjustment Hoard, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute
:- are respectively Carrier and Employes within the meaning of the Railway
Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Hoard has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUST1 HOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 14th day of April 197$.