Award No. 6986 Docket No. CL-7092

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Dudley E. Whiting, Referee

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,

FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES

ATLANTIC COAST LINE RAILROAD COMPANY

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

(1) The Agreement governing hours of service and working conditions between the parties was violated by the Carrier at Wilmington, North Carolina, in the treatment accorded Machine Operator Edwin L. West, in dismissing him from service, and

(2) That Machine Operator Edwin L. West shall be restored to service with all rights unimpaired and compensated for all time lost from August 4 1963 at the rate of the position he occupied at the time of his dismissal or any position which might have become vacant or established after that date to which his seniority would have entitled him had he not been removed from service, and that such compensation shall continue until Claimant West is restored to service in accordance with the provisions of Rule 36 of the confronting Agreement.

OPINION OF BOARD: In view of the facts and circumstances in this particular case, Claimant Edwin L. West should be restored to service promptly with seniority and other rights unimpaired, but without pay for wages and vacation days or pay lost, if any, prior to restoration.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:

That the Carrier and the Employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That Claimant Edwin L. West shall be restored to service in conformity with Opinion.

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