NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-25976
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTES:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-9920) that:
1. Carrier violated the agreement between the parties when it
arbitrarily and injudiciously dismissed Clerk Florence Stoner from its service
beginning October 29, 1982.
2. Carrier's action in dismissing Clerk Stoner from service was
unjust, arbitrary and an abuse of discretion.
3. Carrier shall now be required to expunge the record of
investigation from Clerk Stoner's personal record file and compensate her for
all wage and other losses sustained account Carrier's action."
OPINION OF BOARD: The record shows that Claimant entered the Carrier's
service on November 6, 1978. At the time of the occurrence
giving rise to the dispute herein she was employed at Carrier's Freeport,
Texas, station. Following an investigation conducted on October 26, 1982,
Claimant was dismissed from service on October 29, 1982.
The charge against the Claimant, issued by the Trainmaster on
October 20, 1982, was:
"Report to the Asst. Superintendent's office,
Freeport, Texas, Tuesday, October 26, 1982, at
10:00 AM for formal investigation to develop
the facts and determine your responsibility,
if any, in connection with the allegation
that you misrepresented the reason for your
absence from your position as Clerk on Job
11124 on October 6, 1982.
"If you desire witnesses or representatives,
you must arrange therefore (sic) in accordance
with applicable scheduled agreements."
A copy of the Transcript of the Investigation, conducted on October
26, 1982, has been made a part of the record. From our review of the record,
we find that the charge against the Claimant was timely under the applicable
Agreement. We find that none of Claimant's substantive procedural rights was
violated.
Award Number 25912 Page 2
Docket Number CL-25976
Based upon the entire record, the Board finds and holds that
discipline was warranted; however, permanent dismissal was excessive. We will
award that Claimant be restored to service with seniority and other rights
unimpaired, but without any compensation for time lost while out of service.
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;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the discipline imposed was excessive.
A W A R D
Claim sustained in accordance with Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy ever - Executive Secretary
Dated at Chicago, Illinois, this 26th day of February 1986.
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