NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-19581
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
( - Coast Lines -
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of B&B Foreman J. L. Wells was without just and
sufficient cause and on the basis of unproven charges (System file 130-187-31).
(2) B&B Foreman J. L. Wells be reinstated with seniority and all
other rights unimpaired and that he be compensated for all wage loss suffered
in accordance with Section 6 of Article VI.
OPINION OF BOARD: 1. After carefully examining the transcript we find that
the hearing was conducted properly.
2. All substantive procedural requirements in the agreement have
been met.
3. There was abundant evidence in the transcript to sustain a finding of serious wrongdoing by t
4. The discipline was within the province of the Carrier and the
discipline assessed was not excessive.
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
Award Number 19299 Page 2
Docket Number MW-19581
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:-
Executive Secretary
Dated at Chicago, Illinois, this 30th day of June 1972.