(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

(Burlington Northern Railroad Company

(St. Louis-San Francisco)


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

 (1) The dismissal of Trackman R. M. Edmonds for alleged 'unsatisfactory work and violation of Ad just and sufficient cause and on the basis of unproven charges (System File B-1950-2/MWC 84-1-30).

 (2) The claimant shall be reinstated with seniority and all other rights unimpaired, the charges leveled against him shall be cleared from his record and he shall be compensated for all wage loss suffered."

 OPINION OF BOARD: Claimant while on the job with Tie Gang T-2-11 was dis
 missed for his unsatisfactory work. The dismissal was
 sustained following an Investigative Hearing held by Carrier on August 12,
 1983.

 There was substantial evidence to support Carrier's conclusion warranting discipline. Claimant h period of employment, and has received oral and written counselling on aspects of his employment habits including unsatisfactory work. However, dismissal is too severe. The time that Claimant has been out of service should constitute sufficient discipline.

We will award that Claimant be reinstated with seniority and other rights unimpaired, but without back pay. This Award carries with it the strict understanding that Claimant is being given one last chance to become an effectively performing employe and that further major instances of poor work habits cannot be expected to occur without serious consequences.



                      Docket Number MW-26252


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 discipline was excessive.


                        A W A R D


        Claim sustained in accordance with Opinion.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division


Attest:
        Nancy J. -Executive Secretary


Dated at Chicago, Illinois this 31st day of July 1986.