NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 20922

THIRD DIVISION Docket Number MW-20942

Francis X. Quinn, Referee

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Robert W. Blanchette, Richard C. Bond, and ( John H. McArthur, Trustees of the Property ( of Penn Central Transportation Company, ( Debtor

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

(1) The dismissal of Machine Operator E. C. Dillard was without just and sufficient cause and on the basis of unproven and disproven charges (System Docket - 307/Eastern Region - Harrisburg Division).

(2) Machine Operator E. C. Dillard be reinstated with seniority, vacation and all other rights unimpaired; the charges against him be stricken from his record and he be compensated for the assigned working hours lost.

OPINION OF BOARD: It was conceded by the Claimant that his conduct
on the day in question was not commendable. How
ever, Claimant in recognizing his fault clearly reflects the first
step in rehabilitation. We believe this and Claimants years of ser
vice merits consideration. We find that Claimant has paid the penal
ty for his conduct on February 6, 1973 and should be returned
to work.

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 the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an

That the Agreement was violated in part.

Award Number 20922 Page 2

Docket Number MW-20942

A W A R D

Claimant is restored to service with full seniority unimpaired but without back pay.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST: ~,~!~
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Dated at Chicago, Illinois this 16th day of January 1976.