( Express and Station Employes PARTIES TO DISPUTE:


STATEMEtaT OF CLAIM: Claim of the System Committee of the Brotherhood


(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:

                  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,

        Executive Secret


Dated at Chicago, Illinois$ this 16th day of October 1979.

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