(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Elgin, Joliet and Eastern Railway Company

(1) The dismissal of Crane Operator D. S. Morales was without just and sufficient cause and on the basis of unproven charges (System File TM-1-73).

 (2) Crane Operator D. S. Morales be reinstated with seniority, vacation and all other rights unimpaired; the charges against him be stricken from his record; he be compensated for all wage loss suffered, all in accordance with Rule 57(c).

 OPINION OF HOARD: This is a case which the Hoard, following principles
 it has followed in numerous claims, believes should
 be resolved by restoring claimant to service, but without pay for time
 lost. The explication for this result has been omitted, since it rests
 on facts and circumstances peculiar to this claim, and therefore this
 decision and Award is not to be construed as a precedent as to other
 claims similar or otherwise.

 FINDINGS: The Third Division of the Adjustment Hoard, after giving the
 parties to this dispute due notice of hearing thereon, and
 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 Hoard has jurisdiction over the dispute involved herein; and

 That claimant should be reinstated with seniority, vacation and all other rights unimpaired, but without pay for time lost.

                    A W A R D


        Claim sustained 'in accordance with Opinion_and Findings.


                          NATIONAL RAILROAD ADJUSTMENT HOARD

                          Br Order or Third Division


ATTEST: ~~ ~~rQ,/
          Executive Secretary


Dated at Chicago, Illinois, this 25th day or October 1974.