NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Francis X. Quinn, Referee
PARTIES TO DISPUTE:
Award Number 20850
Docket Number MW-21051
(Brotherhood of Maintenance of Way Employee
(Houston Belt & Terminal Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Section Laborer Juan E. Guerrero was
without just and sufficient cause.
(2) Claimant Juan E. Guerrero be reinstated with seniority
and vacation rights unimpaired; the charges against him be stricken
from his record and he be compensated for all monetary loss suffered,
all in accordance with Rule 12-(C).
OPINION OF BOARD: A review of the record raises the question "Who
was the protagonist?" Nevertheless the Claimant
must bear the responsibility of his actions.
The Carrier seems to have recognized dismissal was excessive,
considering the circumstances. Therefore, we will reinstate Claimant
with 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 Employee involved in this dispute
are respectively Carrier and Employee within the meaning of the Railway Labor Act, as approved June
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an
That the Agreement was violated.
A W A R D
Claim sustained to the extent and in the manner set forth in
Opinion.
ATTEST:
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IN/60d
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 24th day of October 1975.
