NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22153
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(The Chicago, Rock Island and Pacific
( Railroad Company
( (William M. Gibbons, Trustee)
STATEMENT OF
CLAIM: Claim of the System Committee of the Brotherhood
(GL-8385) that:
1. The Agreement covering the hours of service and working
conditions between the parties was violated by the Carrier, especially
Rules 39 and 44 at Goodland, Kansas, March 25, 1975, in the treatment
accorded Agent R. M. Miller in dismissing him from service for alleged
yiolation of Carrier Rules (K) and (N) of their G-147 revised and Rule
509
(4)
of the Uniform Code of Operating Rules, and
2. Agent R. M. Miller shall be restored to service with a71
rights unimpaired and compensated for all monetary loss sustained
beginning April 1, 1975, and subsequent thereto until restored to
service.
OPINION OF
BOARD: The Claimant, Mr. R. M. Miller, held the position
of Agent at Burlington, Colorado. By letter
dated February 18, 1975, the Claimant received the following notice
from the Carrier:
"You are hereby notified that an investigation will be
held in the office of the Trainmaster at Goodland, Kansas
on Monday, February
24,
1975, at 9:00 AM MDT, to develop
the facts, discover the cause and determine your
responsibility if any, for the reported misuse of Railroad credit when you purchased in your behalf,
Office Supply in Burlington, Colorado, an 805 Unicorn
Electronic Calculator, in violation of Rules K and N of
the Uniform Code of Operating Rules; and also a reported
violation of Rule 509, Paragraph
4,
concerning use of
company phone for personal affairs.
"These reported violations were first' reported to the
Superintendent at 12:00 Noon on February 18, 1975."
Award Number 22044 page 2
Docket Number CL-22153
The investigation was postponed, and was thereafter held on March 25,
1975. By letter dated March 31, 1975, the Carrier's Superintendent,
Mr. Phelps, notified the Claimant that he was discharged from the
service of the Carrier as follows:
"You are hereby notified that your employment with
this Company and any and all seniority rights held
by you have been terminated as of April 1, 1975
because of your responsibility in connection with
misuse of railroad credit when you purchased in your
behalf from Heinz Office Supply in Burlington,
Colorado as 805 Unicorn Electronic Calculator, also
use of company phone for personal affairs in violation
of Rules "K", "N" and 509
(4)
of the Uniform Code of
Operating Rules as developed in the investigation held
at Goodland, Kansas on March 25, 1975."
Clear evidence of record establishes that the Claimant was
responsible for misusing railroad credit in the purchase of the
calculator from Heinz Office Supply in Burlington, Colorado and was
unquestionably responsible for using the company phone for-personal
affairs. We find no basis in the record before the Board for
disturbing the Carrier's determination in the instant matter, and we
shall deny 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 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
That the Agreement was not violated.
Award Number 22044 Page 3
Docket Number CL-22153
A W A R D
Claim denied.
NATICUAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:~/.gh·f/ s,
Executive Secretary
Dated at Chicago, Illinois, this 28th day of April 1978.