(American Train Dispatchers Association PARTIES TO DISPUTE:

STATEMENT OF CLAIHI: Claim` of the American Train Dispatchers Association that:

 (a) The Atchisonp Topeka and Santa Fe Railway Company (hereinafter
 referred to se the Carrier) violated the current Agreement (effective
 September 1, 1949) between the parties, Article VII thereof in particular
 by its action in assessing discipline in the form of dismissal. of t
 Train Dispatcher R. J. Goner., of its Temple, Texas train dispatching office,
 following a formal investigation held November 11, 19T6. The record of
 said formal investigation fails to support Carrier's charges and findings;
 error was committed by the Conducting Officer at the formal investigation;
 and Carrier failed to comply with Section 5 of Article VII. Therefore,
 the imposition of discipline was arbitrary, capricious, unwarranted and
 an abuse of managerial discretion.

 (b) Carrier shall now clear Claimant R. J. Gauer's record of the charges (the Claimant was restored to service and Claimant waived the right to claim wages lost while out of service).

 OPINION OF BOARD: Extra RI 373 East did not receive train orders and
 operated from Algoe to Galveston without having received authorization for the movement. Claimant had issued the orders and the record shows that the operator at Alvin failed to hang the orders or flag the train. There was no failure on the part of Claimant to carry out his responsibility and therefore the Board will sustain his claim for clearance of his record.



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 Claimant's record should be cleared.


                    A W A R D


        Claim sustained.


                              NATIONAL RAILROAD AD,TUS'TNT HOARD By Order of Third Division.


ATTEST:
        Ex cutive Secretary


Dated at Chicago, Illinois, this 21st day of November 1980.

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