NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION




PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
LOUISVILLE AND NASHVILLE RAILROAD COMPANY

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




OPINION OF BOARD: The Claimant was dismissed from the service of the Carrier on November 22, 1968, for leaving his assignment as drawbridge tender, with hours 3:00 p.m. to 11:00 p.m., prior to quitting time on October 24, 1968.


The Board has carefully reviewed the entire record in the dispute, and finds that none of Claimant's substantive rights under the Agreement were violated. There was substantial evidence presented at the investigation to support the charge against the Claimant and disciplinary action was warranted. However, in view of Claimant's length of service with the Carrier, a little over forty years, the Board considers permanent dismissal from the service to be excessive, and concludes that Claimant should be restored to service with seniority and other rights unimpaired, but without pay for time lost while out of service.


FINDINGS: The Third Division of the Adjustment Board, 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








Executive Secretary Dated at Chicago, Illinois, this 13th day of March 1970.

Central Publishing Co., Indianapolis, In& 4008 Printed in U.S.A.
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