NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-22375
William M. Edgett, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Louisville and Nashville Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The dismissal of Welder G. N. Hall and of Welder Helper
C. R. Smith was without just and sufficient cause and was arbitrarily
and capriciously imposed (System File 1-16 (33)/E-306-12).
(2) Claimants Hall and Smith shall be reinstated to service
in the welding department with seniority rights unimpaired and with
pay for all time lost."
OPINION OF BOARD: Claimants were both found guilty of failing to
carry out the proper instructions of their
foreman on March 29, 1976, and also with being absent without proper
leave during March 1976.
Based upon the entire record of this case the Board has
concluded that claimants should now be reinstated, but without pay
for time lost.
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 22360 Page 2
Docket Number P&1-22375
That claimants should be reinstated.
A W A R D
Carrier is directed to reinstate claimants, with full
seniority, but without pay for time lost.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: &'~& Executive Secretary
Dated at Chicago, Illinois, this 30th day of March
1979.
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