NATIONAL RAILROAD ADJUSTMENT BOARD
Jerry L. Goodman, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
NORFOLK AND WESTERN RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the Agreement when, without just
and sufficient cause and on the basis of unproven and disproven
charges, it dismissed Machine Operator B. D. Moore from service
on May 18, 1967 and subsequently held an investigation which was
neither fair nor impartial. (System File N-1811)
(2) Machine Operator B. D. Moore be restored to service with
seniority, vacation and all other rights unimpaired; the charge be
stricken from his record and he be paid for working hours actually
lost in accordance with Rule 32 (c).
OPINION OF BOARD:
The record in this case demonstrates that
Claimant received a fair and impartial hearing in which sufficient evidence
was adduced to establish his guilt of the offense charged.
However, when viewed in the light of this man's unblemished record of
thirty years employment, the discipline of permanent dismissal was unreasonable.
Consequently, Claimant shall be restored to service with seniority, vacation and all other rights unimpaired but without compensation for all time
lost.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
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 the discipline imposed was excessive.
AWARD
Claim sustained to the extent indicated in this Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 18th day of April 1969.
Heenan Printing Co., Chicago, Ill. Printed in U.S.A.
17071