NATIONAL RAILROAD AA7USTYEIQT BOARD

Award Number 23933

THIRD DIVISION Docket Number CL-2387

Josef P. Sireflaan, Referee

(Brotherhood of Railway, Airline and Steamship Clerks, PARTIES TO DISPUTE. ~ Freight Handlers, Express and Station Employes

(Fruit Growers Express Company

STAT7,2NT OF CLAIM: Claim of the System Oomi.ttee of the Brotherhood (GL-9337) that:

(a) The Fruit Growers Express Company violated Rule 50, among others of the agreement when it unjustly and arbitrarily assessed discipline of dismissal on Claimant Marilyn Brown effective November 9., 19'(8.

(b) The Company shall now be required to reinstate claimant :lnrilyn Brown with all seniority rights unimpaired and make whole for all lost wages.

CPI::IOi.' OF 30A.-~D: Claimant Marilyn ;;. Brown was hired by Carrier on May 5, 1978
as a VariType-Operator-Secretary. On November 27, 1978 she
was charged with five separate instances of insubordination to her supervisor,
ranging from October 4, 1978 through November 9, 1978. A hearing was held on
December 6, 1978 and Claimant was informed of her dismissal on December 15, 1978.

Examination of the record before this Board establishes that Claimant was a fine employe when she first started working for Carrier until, perhaps due to the pressures of an illness or on the ,lob, she became difficult for her supervisor to work with. There was substantial evidence in the record to sustain the terrier's decis but without back pay for the time spent out of service. Claimant is admonished that she is being given an opportunity to once again be that fine employe she can be, and is advised to seize upon this opportunity.

FINDINGS: The Third 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 Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

Award Number 23933 Page 2

Docket Number CL-23874

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

That the discipline vas excessive.

A W A R D

Claim sustained in accordance with the Opinion.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST: Acting Executive Secretary
National Railroad Adjustment Board

B ~
/Rd-r :mrie Brasch - Administrative Assistant

Dated at Chicago Illinois, this 30th day of June 19a2.

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