NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 21049

THIRD DIVISION Docket Number MW-21097

William M. Edgett, Referee

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

(Terminal Railroad Association of St. Louis

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

(1) The discipline of Track Foreman W. J. Clemons was without just and sufficient cause (System File 013-30).

(2) The charge against Track Foreman W. J. Clemons be stricken from his record and he be compensated for all monetary lose suffered, all in accordance with Rule 24(d).

OPINION OF BOARD: On December 31, 1973, and January 1, 1974, Carrier was
faced with emergency conditions due to a heavy snowfall. Claimant was instructed to remain on duty until he was relieved. He disregarded those instructions a
After a claim was filed and progressed on the property, Carrier restored Claimant to service, wi merits. That claim is now before the Board.

The recorrd leaves no doubt that Claimant failed to obey a specific instruction and that he not only failed to protect his assignment but he also released his men. The Awards of this Board clearly show that Claimant's offense is a serious one. Ca disciplinary action was not arbitrary or unreasonable. The claim for pay for time lost is without merit.

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

Award Number 21049 page 2

Docket Number MW-21097

That the Agreement was not violated.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST: 49-FAII awe"e Executive Secretary

Dated at Chicago, Illinois, this 29th day of April 1976.