NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-20649
Francis X. Quinn, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Texas and Pacific Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Track Foreman Joe Sampson was capricious
and unwarranted, based upon unproven charges and in violation of the
Agreement. (System File K-247-5062)
(2) Track Foreman Joe Sampson be reinstated with seniority,
vacation and all other rights unimpaired and that he be made whole for
all wage loss suffered, all in compliance with Rule 12, Section 1(e).
OPINION OF BOARD: A review of the record leaves questions as to the
factual circumstances arising on date in question.
The Claimant was absent from his crew. Whether his absence arose during
Claimant's lunch hour or exceeded the allowable time is open for some
speculation.
The Carrier seems to have recognized dismissal was excessive
considering the circumstances. Therefore we will reinstate Claimant with
seniority, vacation and all rights unimpaired but without back pay.
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 Agreement was violated.
A W A R D
claim sustained to the extent and in the manner set forth in
Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order )f Third Division
ATTEST:
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I.Aumsm
Executive Secretary
Dated at Chicago, Illinois, this 31st day of July 1975.