i
`. , (Advance copy. The usual printed copies will be sent later.)
 )rm 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6465


          The Second Division consisted of the regular members and in addition Referee John J. McGovern when award was rendered.


                  ( System Federation No. 7, Railway Employes'

                  Department, A. F. of L. C. I. 0.

    Parties to Disoute: (Electrical Workers)


                  ( Burlington Northern, Inc.


    Dispute : Claim of Employes


            1. That in violation of the current agreement Electrician Helper R. H. Herndon was unjustly dealt with when under date of May 10, 1971 Carrier arbitrarily discharged him from the service of the Carrier effective February 4. 1971.


          2. That accordingly, the Carrier be ordered to restore Electrician

          Helper R. H. Herndon to service with all seniority, pass privileges,

          hospitalization, holidays, vacations, and any other rigkts;, privileges

          or benefits allowable under rules, agreements and/or law, and

          compensated for all time lost together with six percent (6X) interest

          on all lost wages. Interest-,to be compounded quarterly. Claim for

          lost wages and interest to start with date of May 10, 1971, and to

          continue until claim is adjusted. All other benefits claimed to

          be in accord with claimant's original seniority date and service

          rendered.


    Findings:

    The Second Division of the Adjustment Board, upon the whole record and

    all the evidence, finds that:

    The carrier or carriers and the employe or employes involved in this

    dispute are respectively carrier and employe within the meaning of the Railway

    Labor Act as approved June 21, 1934.

    This Division of the Adjustment Board has jurisdiction over the dispute

    involved herein.

              Parties to said dispute waived right of appearance at hearing

    thereon. f


    In this disciplinary case which resulted in the dismissal from the service of claimant, we can find no procedural defects in the record.


    He was afforded a fair and impartial hearing, arguments offered by the organization to the contrary nothwithstanding the evidence adduced was sufficiently

    abstantial to warrant the finding of guilty and the decision of dismissal from the

                                                                v

Form 1
 Page 2

 service was, neither arbitrary nor capricious We will deny the claim.

 A W A R D
Claim denied.

 Attest:

 Award No, 645
 Docket No. 6322
 2-BN-EW-173

 considering the circumstances.

 NATIONAL RAILROAD ADJtJSTMMT HOARD
 By Order of Second Division

 Executive Secretary

 Dated at Chicago Illinois this 30th day of April., 10.7~.