(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.





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 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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