NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 24343

THIRD DIVISION Docket Number CIr24132

Edward L. Suntrup, Referee

(Brotherhood of Railway, Airline and Steamship Clerks,

( Freight Handlers, Express and Station Employes

PARTIES TO DISPUTE:

~Soo Line Railroad Company

STAN OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9494)

that

(1) Carrier's action in -the dismissal frtn service of Mr. A. S. McCall, Agent and Operators-Western Division Seniority District, effective April 25, 1930, was unjust, arbitrary and capricious.

(2) Mr. A. S. McCall shall have his record cleared of any and all Charges which may have been placed against him because of this case.

(3) Mr. A. S. McCall shall now be reinstated to the service of the Carrier with seniority and other rights unimpaired.

($) Mr. A. S. McCall shall now be compensated for all wages and other losses sustained account of this arbitrary dismissal.

OPINION OF BOARD: Claimant Mr. A. S. McCall, was assigned to the position of
Traveling Agent, Westby, Montana at the time of the incident(s) in question. By letters dated April 25, May 5 and may 6, 1980 Claimant was notified to attend a formal investigation. He was charged with violation of Rule G on April 11, 1980 and on April 25, 1980. After investigation on both charges was held on June 4, 1980 Claimant was discharged from service of the carrier by letter dated June 16, 1980.

A review of the tr(s) of the hearing(s) shows that sufficient

substantial evidence is present to warrant the conclusion that Claimant is guilty
as charged. The testimony of two witnesses, a number of documents from the
ms's Office in Plentywood, Montana which substantiate the April 11, 1980
incident, and Claimant's own testimony all indicate contravention (s) of Rule G
on the two in question. This Board cannot, therefore, disturb the
determination of the Carrier in this matter.

FINDINGS: The Third-Divisiam of the Adfuatmenr 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 24343 Page 2

Docket Number CL-24132

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

That the Agreement was not violated.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

Attest: Acting Executive Secretary

National Railroad Adjustment Board

y

Rosemarie Brasch - Administrative Assistant

Dated at Chicago, Illinois, this 2Tth day o! APZ'il 1983.

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