NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 19712

THIRD DIVISION Docket Number MW-19902

C. Robert Roadley, Referee

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:( (New Orleans Public Belt Railroad

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

(1) The dismissal of Trackman Warren Meyers was wicaout just and sufficient cause and was on the basis of unproven and diaproven charges. (Carrier's file 013.7)

(2) Trackman Warren Meyers shall be restored to service, with seniority and all other.rights uni
OPINION OF RO.N7D: This is a discipline case involving dismissal of a trackman
for alleged insubordination to Track Supervisor on April 4,
1972.

We have reviewed the entire record, including the transcript of hearing conducted on April 20, 1972. We find that claimant's actions on April 4, 1972, warranted some discipline, but under the circumstances involved, permanent dismissal was excessi seniority and other rights unimpaired, but without pay for time lost while out of service. It appears that the claim for pay for time lost may not have been properly progressed, but to pass on this issue.

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 Number 19712 Page 2

Docket Number MW-19902

A W A R D

Claim sustained to extent indicated in Opinion and Findings.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST: ~~. i
Executive Secretary

Dated at Chicago, Illinois, this 13th day of April 1973.

J