Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37362
Docket No. MW-37750
05-3-03-3-115
The Third Division consisted of the regular members and in addition Referee
Steven M. Bierig when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The ten (10) day suspension imposed upon Track Inspector R
Y. Harbison for his alleged violation of CSX MWI Policy
119.65, 119.651, Federal Railroad Administration Regulations
213.109, Norac Operating Rules and General Rules B, N, and S
was without just and sufficient cause, based on unproven
charges and in violation of the Agreement [Carrier's File 12
(02-0705) CSX].
(2) As a consequence of the violation referred to in Part (1) above,
the discipline assessed Track Inspector R. Y. Harbison
shall ". . . be expunged from his person (sic) file, he be cleared
of any wrongdoing, and be made whole for all his losses ....
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee within the meaning of the Railway Labor Act,
as approved June 21, 1934.
Form 1 Award No. 37362
Page 2 Docket No. MW-37750
05-3-03-3-115
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
As a preliminary matter, the Board notes that this matter, which was
progressed to the Board by the Organization, is identical to Docket MW-37655,
which was previously advanced to the Board by the Carrier. It resulted in Third
Division Award 37359.
In light of the Board's conclusions in that Award, the instant claim is
dismissed.
AWARD
Claim dismissed.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an Award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 24th day of February 2005.