NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 22740

THIRD DIVISION Docket Number M<1-22765

Paul C. Carter, Referee

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

(The Denver and Rio Grande Western Railroad Company

$TATEINENT OF CLAIM: "Claim of the System Committee of the Brotherhood

that;

(1) The dismissal of Section Laborer G. G. I-eWis was without just and sufficient cause and was capriciously imposed (System File D-38-77/ M·1-1-78) .

(2) Section Laborer G. G. Lewis shall be reinstated to service with seniority and all other rights unimpaired and be reimbursed for all wage loss suffered, all in conformance with Agreement Rule 28."

OPINION OF BOARD: Claimant, a section laborer, was notified on
October 15, 1977, to attend formal investigation on October 20, 1977:

" ....to develop facts and place responsibility, if any, in connection with Gregory G. Lewis' alleged falsification of reports, physician's release and facts concerning personal injury when absenting himself from duty Friday and Monday, October 7 and 10, 1977."

The investigation was conducted as scheduled, with the claimant present and represented by the Local Chairman of the Organization. On October 21, 1977, claimant was notified of his dismissal from service.

A copy of the transcript of the investigation conducted on October 20, 1977, has been made a part of the record. A careful review of the transcript of the investigation and the submission of the parties shows that none of claimant's substantive procedural rights was violated. There was substantial evidence adduced at the investigation, including the admission of the claimant, in support of the charge. There is no proper basis for this Board to interfere with the discipline imposed by the Carrier.

Award Number 22740 Page 2

Docket Number MW-22765

FI1DIIVGS; 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

That the Agreement was not violated.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST: lje~ /t/ P

"Executive Secretary

Dated at Chicago, Illinois, this 29th day of February 1980.