SPECIAL BOARD OF ADJUSTMENT N0. 421
THE ORDER OF RAILROAD TELEGRAPHERS )
vs
NEW YORK CENTRAL RAILROAD, EASTERN )
DISTRICT (except Boston and Albany )
Division).and NEW YORK DISTRICT )
STATEMENT OF CIAIM:
1. Carrier violated the terms of the Agreement between the
parties when, on March 13, 1961, without just cause, it
dismissed C. Nava and M. J. Crounse from service.
2. Carrier shall now be required to restore C. Nava and M. J.
Crounse to service without loss of seniority and compenstate them for all time lost.
OPINION OF BOARD:
The evidence discloses that Claimants Nava and Crounse were
properly found guilty of having violated Rule K-1, Rules of the Operating
Department. This rule declares: "Fighting while on duty or on company
property is prohibited."
It was entirely appropriate for the Carrier to take disciplinary
action. We think the penalty of dismissal is excessive, however. The time
already lost by the Claimants is sufficient penalty for their infraction.
AWARD
Claimants C. Nava and M. J. Crounse shall be reinstated with seniority
unimpaired but without compensation for time lost.
/s/ Lloyd H. Bailer,
Lloyd H. Bailer, Chairman
/s/ L. Faulds /s/ R. J. Woodman
L. Faulds, Carrier Member R. J. Woodman, Employe Member
New York, N. N.
July 23, 1962