(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:


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

(1) The dismissal of Trackman Lawrence R. Devereaux on December 27, 1974 was without just and sufficient cause and on the basis of unproven charges.

 (2) The charge shall be stricken from the claimant's record and he shall be reinstated and compensated for the net wage loss suffered by him as stipulated within Agreement Rule 34(d).

 OPINION OF BOARD: Claimant was dismissed from service on December 27,
 1974, on the basis of three separate charges involving his attendance record; an altercation wit and insubordination to a supervisor.

 Carrier conducted separate hearings on each of the charges. Each hearing afforded the Claimant opportunity to present his defense, and the hearings were conducted according to the procedure specified in the Agreement between the Organization and the Carrier.

 In determining the degree of disciplinary penalty, the Carrier took into account the Claimant's record of previous disciplinary action for similar offenses.

 There is nothing in the hearing record to suggest that the Board should interfere in any way with the Carrier's decision to dismiss the Claimant from service, nor would a review here of the details of each charge be purposeful.





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 not violated.


                    A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: PA".4.,


        Executive Secretary


Dated at Chicago, Illinois, this 31st day of March 1978.

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