Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THE DIVISION
Award No. 41573
Docket No. MW-41864
13-3-NRAB-00003-120134

The Third Division consisted of the regular members and in addition Referee Dr. Lou Imundo when award was rendered.

(Brotherhood of Maintenance of Way Employes (Division of the IBT Rail Conference PARTIES TO DISPUTE: ( (BNSF Railway Company (former Burlington ( Northern Railroad Company)

STATEMENT OF CLAIM:





FINDINGS:

The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
Form 1

Award No. 41573
Docket No. MW-41864
13-3-NRAB-00003-120134

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.

involved herein.

Division of the Adjustment Board has jurisdiction over the dispute



The record clearly shows that the Carrier had just cause to discipline the Claimant for the charged misconduct. However, given the facts and circumstances pertaining to and surrounding the Claimant's actions in conjunction with his long

term discipline-free work record, the dismissal was arbitrary and capricious.

appropriate discipline is for the dismissal to be rescinded and reduced to a suspension without pay.

The Claimant is to be reinstated without loss of seniority or benefits and returned to work as soon as practical.

AWARD

Claim sustained in accordance with the Findings.

This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimants) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.

NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division

Dated at Chicago, Illinois, this 18th day of March 2013.