(Brotherhood of Maintenance of Way Employee PARTIES TO DISPUTE :
              (Rev Orleans Public Belt Psilraad


STATRUN'1' CF Q.Aat: "Claim of the System Cmittee of the Brotherhood that:

 (1) The diaissal of Trackman Horace Thornton fair allegedly being 'amble to perform the assigned duties as Trackman, vas without dust and sufficient canoe (Carrier's File 013.7).

 (2) Trackman Horace Thornton shall be reinstated with seniority and all other rights unimpaired cad he shall be compensated for all wage loss suffered."

 OPIlfI01A OP' BOARD: tlaimiant had been employed an a trackman on August 27j,
 1979. and was dismissed from the service by the foreman on November 30, 1979, for unsatisfactory service sad befog noble to perform the duties of a trackman. Following claimant's dismissal, a hearing was held on January 3j, 1980, and on January 17,, 1980p his dismissal was affirmed*

 A copy of the transcript of the hearing held on January 3, 1980, hoe bees made s part of the retard. We have reviewed the transcript and find that the hearing was conducted in a fair sad impartial senner. The record share that claimant was dismissed after approo:isats7y nicety days service.

 A review of the transcript of the hearing shah substantial evidence that claimant was cot able to satisfactorily perform the work of a trackman and that he performed his work in an unsafe censer.

 Hosed on the satire record, there is m proper basis for interfering with Carrier's nation, which we first was not arbitrary, capricious or in bad faith.

        FINDMSs The Third Division of the Adjustment Board, upon the whole record obi ell the evidences finds ate, holds:


        That the parties waived oral hearing;

                      Award Number 23526 page 2

                      Docket Number W-23894


That the (terrier and the Beoploym involved in thin dispute are respectively Carrier sad ftplayes within the awning of the Railway Labor Acts 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 denied.


                              I(A3TOSAL RAIESAD ADJI]82='! HQAlD

                              By Under of Third Division


ATM?:
      Itzscutive secretary


Dated at mioagos, nlinoiss this 26th day of February 1982.

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