C:\MYDOCU~1\SCHEDU~2\3-23394.htm

NATIONAL RAILROAD ADJIJSWNT BOARD

Award Number

23394

THIRD DIVISION Docket Number

CL-23000

Robert A. Franden~ Referee

(Brotherhood of Railways Airline and Steamship Clerks
( Freight Handlers Express and Station Flnployes
PARTIES TO DISPUTE:
(Elgin,, Joliet and Eastern Railway Company

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

(GL-8861)

that:

1. Carrier violated the effective Clerks Agreement when following as investigation on August 18.. 1978, it suspended clerk L. A. Clark from service for a period of five days without dust cause;

2. terrier shall now compensate Clerk L. A. Clark for all time lost as a result of this suspension from service and shall clear his record of the charge placed against him.

OPINION OF BOARD: Claimant was suspended from the service of the Carrier for
five days after having been found to have absented himself
from duty without permission or proper authority on August 9 and 10 of 1978.

It is the position of the Organization that the Claimant properly reported off and that the Carrier has failed to prove the charge.

While there does appear to be some conflict in the evidence presented at the investigations a review of the transcript of the hearing reveals that substantive evidence of probative value was produced at the hearing to support the charge and the finding of the hearing officer. It is not our position to weigh the evidence in the instant matter and substitute our opinion for that of the hearing officer. We are unable to conclude that the finding of the (terrier officer was arbitrary and capricious and without foundation and accordingly., we will deny

FIND321GS: The Thins 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 Employee involved in this dispute are respectively Carrier and Employee within the mining of the Railway Labor Acts as approved June 21, 1934;
Award Number 23394 Docket Number CL-23000 Page 2 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and That the Agreement was not violated. Claim denied. ATTEST: Executive Secretary NATIONAL RAILROAD AL1TTS'B·tENT BOARD By Order of Third Division Dated at Chicago, Illinois this 6th day of October 1981.