NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 21832

THIRD DIVISION Docket Number MW-·21897

Herbert L. Marx, Jr., Referee

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Louisville & Nashville Railroad Company

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

(1) The dismissal of Track Repairman C. A. Carroll by letter dated August 13, 1975 was without just and sufficient cause and on the basis of unproven charges and, therefore, in violation of the first paragraph of Agreement Rule 27 (
(2) The claimant's record shall be cleared of the charge. of insubordination and he shall be reinstated and paid for all time lost as stipulated within the first paragraph of Agreement Rule 27(f).

OPINION OF BOARD: The dispute involves the dismissal of track repairman C. A. Carroll.

We have carefully reviewed the entire transcript of the in
vestigation. It is clear that the entire affair resulting in Claimant's _
removal from service started over insignificant issues. While Claimant
was subject to discipline -for his action, permanent dismissal was exces
sive discipline.

We will award that Claimant be restored to the service with seniority and other rights unimpaired, but without pay for time lost while out of service.

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;

Award Number 21832 page 2

Docket Number W-21897

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

That permanent dismissal was excessive.

A W A R D

Claim sustained to the extent indicated in Opinion and Findings.

NATIONAL RAILROAD ADJUSTtt BOARD

By Order of Third Division

ATTMT
libtecutive Secretax^j

Dated at Chicago, Illinois, this 6th day of January 1978.