Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 42769 Docket No. MW-43059 17-3-NRAB-00003-150294
The Third Division consisted of the regular members and in addition Referee Margo R. Newman when award was rendered.
(Brotherhood of Maintenance of Way Employes Division - (IBT Rail Conference
PARTIES TO DISPUTE: (
(Indiana Harbor Belt Railroad Company
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman D. Bish for his alleged violation of Rule D-Employee Conduct on June 12, 2014 for allegedly disobeying a direct order from Foreman J. Perkins was without just and sufficient cause, on the basis of unproven charges, arbitrary, capricious, excessive and in violation of the Agreement (System File 14-087 IHB).
(2) As a consequence of the violation referred to in Part (1) above, Trackman D. Bish shall now be reinstated to service and '… the Carrier must now make Claimant Bish whole, compensating him for all lost time and wages restoring all rights and benefits and expunge his personnel record removing assessed discipline and any and all reference of this issue from the record.'"
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
Form 1 Award No. 42769
Page 2 Docket No. MW-43059
17-3-NRAB-00003-150294
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.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
Parties to said dispute were given due notice of hearing thereon.
The dispute was resolved by the parties prior to arbitration.
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 25th day of September 2017.