(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (Norfolk and Western Railway Company



1. Carrier acted in an arbitrary, capricious, discriminatory and unjust manner when on February 6, 1976, it disqualified Keypunch Operator W. R. Bell as a Keypunch Operator in Computer Services, Roanoke, Virginia.

2. Carrier further acted in an arbitrary, capricious, discriminatory and unjust manner wh June 3 and 7, 1977, it ruled that Keypunch Operator W. R. Bell had not been unjustly treated and permit the disqualification to stand.

3. Carrier shall now be required to remove and expunge the disqualification dated February 6, 1976, from the record of Keypunch Operator W. R. Bell.

4. Carrier shall further be required to place Keypunch Operator W. R. Bell back into the Keypunch Section, Computer Services, Roanoke, Virginia, forthwith, should he so desire to return to that location.

5. Carrier shall further be required to pay Keypunch Operator W. R. Bell the difference is the rate of pay he would have earned as a Keypunch Operator in Computer Services, Roanoke, Virginia and other positions held by him, February 6, 1976, forward.



The employe requested an "unjust treatment" hearing, which was denied. Thereafter, a Public Law Board held that the employe was entitled to such a hearing, and it was conducted,



Subsequent to the hearing, the Carrier determined that the evidence submitted did not support the charge of "unjust treatment and discrimination."

We have noted a procedural argument presented by the Employes, however we feel that the case is properly disposed of on its merits.

There is evidence of record to demonstrate that the employe was aware of the percentage minimum which was an accepted standard, and moreover, there is evidence that the employe's Keyplex Machine was "inoperative" for a significant amount of time.

The Claimant suggests that he has been singled out far harassment, however we are unable to find any evidence of record to support that allegation. Certainly, it is incumbent upon the employe to present some evidence to support the basis for his conclusion that he has been treated unjustly. However, we are unable to find any such evidence in this record and, accordingly, we will deny the claim.

        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 jurisdictionover 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: zlee, lea
        Executive Secretary


Dated at Chicago, Illinois, this 31st day of January 1980.