(Brotherhood of Maintenance of Way Employes PARTIES TO DTRPltTE:


F,TATLMRYT OF CLAIM: Claim of the System Committee of the Brotherhood that:

(1) T'- dis-issal of Machine Operator B. E. Dowell was without just and q,ifficient cn,isn c,^-1 on the basis of unproven charges (System File 1-12/DIn^7'13 T-306-1151,
(2) :'~.!s·;r~ -'7crator B. G. Dowell be reinstated with all rights un_^pnircd and th,~-. .,:;.r.': ~;u?.c .."·.7(f).

nnT^TnNt nt' ^ n 1!'n. T.'.,









We have revic:,ed the transcript of the investigation conducted on Sentcber 24, 1.^')- ~... find no justifiable reason fcr disturbing the action tal:ca by the Ca=in-. ·-":c recc-d shows that the Clai.ment did not protect his ac.._Gnmment on Sc^:-a^be- 8, 1971, and part of the day cn Septc7nber 9, 1971. 'H.,^. -stated rcasc-t `^° -ot doing so was that he had hen arrested and jailed on
cha _ ;es of dr·-'-en r'-i.ving and reckless driving. .-cin-. held in jail ;·as, o ccu~:se, the copse-e-c^. of his own personal conduct and cannot be regarded as ji·^`i.fiable rea:o^. `,- not protecting his assignment. Moreover, the claimant 'E.tc- plead g·ui?.t:·· '.-i enurt to amended charges of rcc:;less driving, and
In th- ~~n^~J.:.r; en the property it was breu;ht out that claimant had :-ot only been c:.'^.;se·' t_or a ;i.milar offense in July 1968, but also hod been nr^ested and cc^-..'-A~. on drunk driving charges on prior occasions in the last three years.









That the Cerrier and the F:ployes involved in this dispute are respectively Cnrrier and 2mployes wi'hin the meaning of the &tilway Labor Act, as approved June 21, 1934;

That this Division of the Adjustm`ont Board has jurisdiction over the dispute involved herein; and





        Claim denied.


                          NATIOIIAAL itAILRO.',l) ADJUST! IT BCARD

                          By Cruer of Third Division


ATITST: S

Lx!·~:u.ivc : ·c:r ~.2ury

Dated at ChicaCo, Illircls, this 30th day of January 1973.