The Board, after hearing upon the whole record and all evidence, finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Board is duly constituted by Agreement dated January 5, 1959, that it has jurisdiction of the parties and the subject matter, and that the parties were given due notice of the hearing held.
A review of the record in this matter reveals that Claimant Hilliard was afforded a fair and impartial hearing and that there is substantial record evidence to support the Carrier's determination that Claimant was guilty of the charges preferred.
As to the quantum of discipline assessed, the Board finds that the sanction imposed is proportionate to the severity of the offense, especially when viewed against the backdrop of Claimant's prior disciplinary record, which includes: 2 dismissals, and a thirty (30) day actual suspension for the same offense. There are no compelling mitigating factors which persuade the Board to disturb the penalty assessed.