NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number MW-22370
James F. Scearce, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company
S OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
Trackman Eddie Lee Walker shall be paid for all time lost from
the date of his dismissal on November
16, 1976
until the date he was
returned to service on or about April
18, 1977
(System File B-1542)."
OPINION OF BOARD: The
claimant,
a traclnoan with nearly three years of
service, was dismissed November 16,
1976,
for being
accident prone and an unsafe employe. The claimant was reinstated
April 18, 19'TT. From the outset we must note that cases of this nature
are most difficult and should be each considered on their individual
merit.
We have carefully examined the record while keeping in
mind
the well-established precedent that the Board will not substitute its
judgment for that of the Carrier unless it can be shown the discipline
was arbitrary and capricious. It is our conclusion that there is
substantial evidence to support the charge, and it cannot be said the
discipline was arbitrary.
FINDINGS: The Third Division of the Adjustment Hoard, upon the whole
record and all the evidence, finds and holds:
That the parties Rived 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 Humber 22628 Page 2
Docket Humber H81-22370
That the Agreement vas not violated.
A W A R D
Claim is denied.
RATIONAL RAa.ROAD ADJUST1~N'P BOARD
$y Order of Third Division
ATTEST:
cut ve Secretary
Dated at Chicago, Illinois, this 9th day of November
1979.
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