RATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
CL-22713
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers
( Express and Station Employes
PARTIES TO DISPUTE:
(Missouri-Kansas-Texas Railroad Compauy
STATEMEtaT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8695)
that:
(1) Carrier violated the rules of the current Agreement
between the parties; including but not limited to Rules
26
and
27
of
DP-451 when it arbitrarily and capriciously dismissed Mr. R.
L.
Goodwin
from its service on August
9, 1977.
(2)
Carrier shall reinstate Claimant to its service and shall
compensate him for all time lost including any overtime he could have
worked in line with his seniority, and shall clear his record of all
charges and shall restore his seniority, vacation and other employe
rights unimpaired.
OPINION OF HOARD: Claimant was dismissed from Carrier's service on
August
9, 1977,
in connection with the posting of
an unauthorized notice on Carrier's bulletin boards. Investigation was
requested under the provisions of Rule
27
of the applicable agreement.
agreement the date for the investigation was extended to September 14,
1977,
and was conducted on that date. A copy of the transcript of the
investigation has been made a part of the record.
The Board has carefully reviewed the entire record, including
the transcript of the investigation. We find that none of claimant's
substantive procedural rights was violated.
There was substantial evidence presented at the investigation
to support the Carrier's action. There is no proper basis for the Board
to interfere with the discipline imposed. The claim will be denied.
FINDIRGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
Award Number 22561 Page 2
Docket Humber CL-22713
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.
RATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
ATTEST:
Zjo&~Ta-tt,
Dated at Chicago, Illinois$ this 16th day of October 1979.
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