NATIONAL RAILROAD ADJUS!IMT HOARD
THIRD DIVISION Docket Number CL-24518
(Brotherhood of Railways Airline and Steamship Clerks
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE: (
(Chicago and North Western Transportation Company
STATEKENT OF CLAIN: Claim of the System Committee of the Brotherhood
(GL-9565) that:
1. Carrier violated the terms of the Parties' Agreement effective
May 15~ 1972, particularly Rule 21., when under date of June 26, 1980y it
dismissed from service Mr. Richard L. DuFern, Lead Order Fillers North Green
Bay, Wisconsin, as the result of an investigation held on June 24, 1980, and,
2. Carrier shall now be required to reinstate Mr. Richard L. DuFera
is service with all rights unimpaired., and compensate him for all monetary
losses while held out of service and until the violation is corrected, to include making him whole f
OPINION OF BOARD: Claimant R. L. DuFern was dismissed from the service of
the Carrier following a duly constitued formal investi
gation on the charges of unauthorized possession and transportation of Car
rier owned property. At the investigation, Claimant acknowledged that the
material was in his vehicle and that he knowingly removed the material from
the Carrier's property. In light of Claimant's own admissions, this Board
has no recourse than to uphold the finding of the hearing officer. There
being no procedural rights violated and with substantial evidence on the
record, the Board finds no reason to sustain the claim.
FINDINGS: The Third Division of the Adjustment Boards 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 Bnployes within the meaning of the Railway Labor
Acts as approved June 21p 1934;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
Award Number 24064
Docket Number CL-24518
That the Agreement was not violated.
A W A R D
Claim denied.
ATTEST: Acting Executive Secretary
National Railroad Adjustment Hoard
Page 2
NATIONAL RAILROAD A1kTUS'IZET7T BOARD
By Order of Third Division
By ~ yLar- ~,~"~
emarie Hrasch - Administrative Assistant
Dated at Chicago Illinois this 14th day of December
1982.