Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers., Express and Station FLiployea PARTIES TO DISPUTE:

STATEMENT CF CLAIM: Claim of the iyatem Committee of the Brotherhood

(a) Carrier violated the rules of the current Clerks' Agreement at San Bernsrdino, (hliPornia, on May 23P 1979, when it wrongfully discharged Mr. D. M. Rows from aervicep and

 (b) Mr. D. M. Route shall now be reinstated and compensated for e11 monetary loss suffered commencing May 23, 1979 and continuing until such time that he is reinstated as a result of such violation of Agreement rules.

 (c) The Carrier shall now be required to pay 10% interest compounded daily on all wages wrongful aOWb commencing D(sy 23, 1979·

 OPIZIION OF BOARD: Claimant, with a seniority data of October 27, 1969,
 was regularly assigned to Assistant Schedule Clerk
 Position No. 6024 in Carrier's Superirrtend.ent'a office at San Bernardinc,
 California, with assigned hours 7:30 A.M. to 4:00 P.M.,, with a 30-minute
 meal period.

        On May 1i, 1979 claimant was notified by the Superintendent:


        "You are hereby notified to attend formal investigation at Superintendent's Offices Sea Bernardino, 9:00 A.M... Mondays May 7s 1979s concerning your allegedly going thru private papers sad reports in the office of the Joint Accounts Auditor in the Superintendent's Offices San Bernardino at about 1:15 P.M.s Monday April 30~ 1979 without proper authority, so as to determine the facts and place responsibility,, if any involving possible violation of Rules 2, 16 and 20,, General Rules for the Guidance of Flnployea, 1978.

                      Award Number 23502 Fade 2

                      Docket Number CL-23806


        "You may arrange for representation in line with the provisions of Agreement or Schedule governing your working conditions, end yrou may likewise arrange for the attendance of any desired witnesses.


        "Please acknowledge receipt of this notice on the attached copy and return it to my office proqptly."


        The rules referred to in the notice of May 1, 19T9.-rood:


        Rule 2: "Employes must be conversant with and obey the Company's rules and special instructions. If an epolloye In in doubt, or does not know the meaning of any rule or=fez struction, he should promptly ask his supervisor for an ex.. plsnstion. A copy of Form 2626 Std. is furnished tech employs to be retained by him for his guidance."


        Rule 14: "Employes must obey instructions tram the proper authority, in matters pertaining to their respective branches of the service, They must not withhold information, or fail to give all the facts regarding irregularities,.sccideata, personal injuries or rule violati


        Rule lb: "Employee must not be carelese of the safety of thamselvee, or others; they must remain alert and-attentive and plan their work to avoid injury.


        Employee must not be indifferent to duty, inswbardi,ante, dishonest, immoral., quarrelsome or vicious.


        Employee moat conduct themselves in a mate that x111 not bring discredit on their fellow employee or sublaet the company to criticism or loss of goodwill."


        Rule 20: "The affairs of the Company must net be divulged ear access to the Company's records permitted without proper authority."


The investigation was conducted se scheduled. A copy a1 the transcript of the investigation hoe the transcript shows that none of claimant's substantive proosdural rights was violated. The investigation was conducted in n fair and ieqpvrtial meaner. On May 23, 1979, clai
                      Award Number ?3502 Page 3

                      Docket Number CL-23806


In the investigation there was substantial evidences including claimant's statement, that at about 1:15 P.M. on April 30, 1979 claimant did enter the office of the Joint Accounts Auditory rent through private papers and reports and copied information therePromp sad that he had no authority to do so. It was also brought out in the investigation that the infonmtioa that claimant copied was available from other sources; however., '-his would not give the claimant the right to copy the information that he did from the b the only times that claimant had any business in that office was to deliver or pick up mail.

 Claimant was subject to severe discipline for his actions. However., the time that he hoe been o discipline. We rill award that claimant be restored to service with seniority sad other rights unimp lost while out of the service. However., the claimant should understand that the purpose of this award is to give him one last chance to become and remain a dependable and reliable employs of the Carrier and that further major infractions on his part x111 result in the permanent termination of his services.

        FILINGS: The Third Division of the Adjustment Boards upon the whole record ate. all the evidences finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Act,, as approved June 210 1934;

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

        That permanent dlsmtssa: was excessive.


        Claim sustained in accordance with the opinion.


                            NATIONAL RAILROAD ADJUg2aNT HOARD

                            By Order of Third Division


/~ /i/ ~.~

 ATT!;j'r:_

      FScecutive Secretary


Dated at Chicago lllin°isy this 29th day of January 19~·