Docket CL-11668
Award No. 43
Sp:CIAL BOARD OF ADJUSTMENT N0. 374
Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express and Station Employes
and
THF PENNSYLVANIA RAILROAD OOMPP21Y
STATEMENT OF CLAIM: j stem Docket No. 353 - New York Re 'on Case Nc. 2A-58 - "Claim of
System Committee of the Brotherhood t at:
"(1) Claim (Case #1) that discipline of dismissal imposed upon R. V.
Peterson, Station Baggageman, Baggage Department. Pennsylvania Station,
New York, New York, which was later reduced to a suspension, time held
out of service to apply, be removed; that he be reimbursed (Docket 353)
(2) Claim (Case #2) that Carrier violated Clerks' Rules Agreement,
effective May 1, 1942, except as amended, particularly Rule 6-A-1(a),
when it imposed discipline of thirty days' suspension upon R.V.Peterson,
Station Baggageman, Baggage Department, Pennsylvania Station, New York,
New York, New York Region; that discipline of 30 days' suspension be
removed and he be reimbursed, etc. (Docket 372)"
FINDINGS:
This is the second of two claims arising from disciplinary action
taken by the Carrier against the Claimant on two charges growing out of one
incident.
Tote have studied the transcripts involved, and believe they should
be viewed as a whole.
We believe further that we have here an arbitrary and capricious
exercise of Carrier's right to impose discipline.
The claim of the Organization in Docket CL-11668 is, therefore,
sustained.
AWARD:
Claim sustained.
Signed this 12th day of December, 1961.
/s/ ?dward A. Lynch
E. A. Lynch, Chairman
/s/ A. E. Yyles /s/ A. B. leward
A. E. Myles, Carrier Member A. B. Seward, Employe Member