PARTIES TO DISPUTE. .
 (Illinois Terminal Railroad Company

1. Carrier violated the Clerks' Rules Agreement when it arbitrarily and injudiciously dismissed Clerk Ricky L. Brown from its service on August 23, 1977 without Justification.

 2. Carrier's action in dismissing Clerk Brown foam its service was unjust, unreasonable, arbitrary and an abuse of discretion because at an earlier date, Carrier had disciplined Clerk Brown by disqualifying him from the position of Shell Yard Clerk Ho. 427 on July 29, 1977.

 3. Carrier shall nor be required to reinstate Clerk Brown to service with all rights unimpaired, expunge the record of investigation frost his personal record file and compensate him for all rage and other losses sustained.

At the time of the incident leading to the dispute, claimant vas assigned to position of Shell Yard Clerk at Roxaaaa, Illinois, with assigned hours 10:30 P.M. , to 6:30 A.M. The position is located within the refinery of Shell 011 Company and has as its primary duties the responsibility of maintaiaiag current and accurate records of car movements within the refinery.

 Although claimant had last been assigned to the position involved (No, 427) on July 28, 1977, the record shows that he had previously occupied the position. Due to a situation reported to the Carrier by the Shell Con July 29, 7.977, which evidently resulted frost the Improper performance of work by claimant wing the hours 10:30 P.M.$, July 2$, to 6:30 A.M., July 29, 1977 claimant was removed


from the position and on August 9, 1977, was instructed to report for formal investigation on August 15, 1977, at 2:00 P.M. to:

            "...develop the facts, discover the cause and determine your responsibility, if any, regarding your alleged fails se to perform your duties on Position 427, shall Yard Clerk, Roams, "11mis on July 28, 1977 starting at 10:30 Pm. until 6:30 a.:. on July 29, 1977, and to determine if there were any General Rules and/or operating instructions violated in connection therewith. At this investigation we will review your pest personal record."


The investigation was conducted as scheduled, and a copy of the transcript has bees made a part of the record.

 The Board has carefully reviewed the copy of the transcript and the submissions of the parties. We find that none of claimant's substantive procedural rights was violated. The notice of charge was sufficiently precise to permit the claimant and his representative to prepare a defense. The investigation was conducted. in a fair and impartial Manner.

 There was substantial evidence adduced at the investigation to show that claimant had not properly performed his duties. Also, nlntmnnt08 prior work recd w-as far from satisfactory. The fact that claimant's prior record was reviewed in the investigation was not in violation of the Agreement or prejudicial to the claimant,

 Based on the entire record, the Board finds no pamper basis for interfering with the discipline imposed bye the Carrier.

        FMIM: 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 Employee involved in this dispute are respectively Carrier and Employer 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
                    Award Number 22613 Page 3

                  Docket Number CL-22703


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

        That the Agreement was not violated.


                  A W A & D


        Claim denied.


                        XATIaffAL BAnROAD ADJMTIW &AM

                        By Order of Third Division


ATTEST:
        Executive Becretar7


Dated at Chicago, Iuin~is$ this 9th day of November 1979.