NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 25398

THIRD DIVISION Locket Number MW-25429

Eugene T. Herbert, Referee

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

(The Chesapeake and Ohio Railway company

(Northern Region)

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

"1. The disciplinary demotion of Track Foreman R. A. Dempsey to trackman effective September 10, 1982, was excessive, without proper cause and was an abuse of justice and discretion (System File C-D-1438/MG-3612).

2. Mr. R. A. Dempsey's seniority as track foreman and assistant track foreman be restored and unimpaired."

OPINION OF BOARD: Based on a careful review of the entire record, the Board
concludes that, while Claimant's guilt was established at
a fair and impartial Hearing, the discipline imposed was excessive in light
of all the circumstances. Accordingly, Claimant's seniority as track foreman
and assistant track foreman should be restored and unimpaired.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and 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, approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the discipline was excessive.

A W A R D

Claim sustained in accordance with the Opinion.

Award Number 25398 Page 2

Locket Number MW-15429

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division

Attest: _
Nancy J. er - Executive Secretary

Dated at chicago, Illinois this 15th day of April 1985.