aee Award No. 17997

Docket No. MW-18570

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Francis %. Quinn, Referee

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

(1) The dismissal of Welder Oliver Jeffers effective June 10, 1969, was without just and sufficient cause and on the basis of unproven charges. (System file 115-T-M/W.)

(2) Welder Oliver Jeffers be reinstated with seniority and all other rights unimpaired and that he be compensated for all wage loss suffered it accordance with -rule 40(d).

OPINION OF BOARD: Based on the. entire record, and considering all the circumstances in the case, the Board considers permanent dismissal from the service to be excessive, and concludes 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 parties waived oral hearing;

That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the mcanin- 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 the Opinion and Findings.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION

ATTEST: S. H. Schulty

Executive Secretary