PARTIES: BROTHERHGOD CF SAILTWAY AND STEAMSHIP CLERKS
 FREIGHT HANDLERS, EXPRESS AND STATIGN a1PLO YES
 and



STATEMENT Claim of the System Committee of the Brotherhood that Anthony
 OF CLAIM: Damiano, Stowman, Pier 21, North P,iver, New York, N. Y,, who
 was dismissed from service on April 13, 1956, be returned to
 service and compensated for all time lost, less earnings made
 in other employment during time out of service.
 FINDINGS:
 After investigation the claimant was dismissed on charges of gambling
 on B&0 property and of roughing up a Patrolman (Special Officer) while in the
 performance of the latterts duty.

 The employes contend that this disciplinary action should be set aside on the ground that the Carrier failed to comply with the requirements of Aule 47(c) in that the claimant was not granted another "hearing" on appeal before the Super intendent and on the further ground that the charges against the claimant were not substantiated.

 It is questionable as to whether or not Rule 47(c) contemplates a repetition (on appeal) of the full scale investigation held before the first hearing officer as contended by the employes. However, it is not necessary for us to decide that question inasmuch as it is not shown that the employes complied with the technical requirement of Rule 47 (c) in serving a copy of the demand for a "hearing" upon the officer whose decision was being appealed, and the failure to do so would be fatal insofar as the right to such a "hearing" is concerned,
A review of the transcript of the investigation reveals that there ores substantial evidence upon which to base a reasonable finding that the claimant was guilty of gambling on Company property. The evidenec supporting the charge that claimant had "roughed up" the Patrolman is less convincing,

 The claimant had been employed by the Carrier for only a few months and so far as the Board is informed ho has had a good record during that period of service. Considering the nature of the evidence on the more: serious charge of

roughing up the patrolman and the otherwise apparently good record of the claimant we find that dismissal was too severe; a penalty and that the claimant should be restored to duty with seniority unimpaired but without pay for time lost,

                          AWAIM


        Claim disposed of as indicated in Findings.


                    /s/ Francis J. jobertson

                    Francis J, Niobortson

                    Chairman


/s/ E. J. Hoffman /s/ T. S. Woods
 E. J. Hoffman T. S. Woods
 Employee Member Carrier Member

 Dated at Baltimore, Maryland this 1st day of December, 1958