NATIOI RAILBQAD
ADansaW=r
BOARD
THIRD DIYISIOf Docket Member
lit-22369
William M. Edgett, Referee
Brotherhood of Maintenance of Way Employee
PARTIES TO DISPUTE:
(Louisville & Nashville Railroad
Corm
STAulEar of CLJ1mS "Claim of the system Committee of the Brotherhood
that:
(1) The disqualification of Franklin Miller as Tract Ferman
Assistant Track Forman (Rank
2)
was without just and isafticieat cane
and was arbitrarily and capriciously imposed (System File 1-16 (47)/D
1o6546;
E-3o6-12).
(2) As a consequence of the above, Claimant M117.e:
@ban
(a) have his seniority as an Assistant Track
Foreman (Rank 2) restored unimpaired;
(b) be allowed to quality as a Track Forman
(Rank 1) on the Birsiwa'm Division, South End
Seniority District;
(c) be paid the difference in the Assistant
Forman's rate of pay and the rate of pay
at xhich he has been compensated for all
services he rendered since duly 16,
1976."
OPM1IW OF BOARD: Claimant was disciplined by loss of his rank as
Assistant Forman after Carrier found that he
had failed to carry out his responsibility for the safety of his crew.
The Board finds that Carrier did not abuse its discretion in taking
that action and will., accordinglya deny the claim.
However, based upon the entire record the Board recommends
that Claimant be allowed to qualify as Assistant Forman and Forman
if his record warrants it.
' Award Number 22448 page 2
Docket Number W-22369
3 The Third Division of the Adjustment Hoard, upon the whale
record and ail the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the
Employee
involved in this dispute
are
tesfttiWly Carrier and
Edhployps
within
the meaning of the Railway
labor Acti
as appfbved dine 21, 1934;
That this Division of the Adjustment Hoard has jurisdiction
bver the dispute involved herein; and
that
the Agent
wag not violated.
A ii A R ..D
Claim dtied.'
NATIONAL RAID ADjuaTm
HQARD
ty Order of Thirst Division
ATTSS"P:. ~ ~ .
8ae~iti~ ati~y .
Dated at Chicago; f3ifis,
this 13th day of Jhly 19`19.