THIRD DIVISION
Award No. 44569 Docket No. MW-45565
22-3-NRAB-00003-190480
The Third Division consisted of the regular members and in addition Referee Gerald E. Wallin when award was rendered.
(Brotherhood of Maintenance of Way Employes Division (IBT Rail Conference
(Lake Superior & Ishpeming Railroad Company STATEMENT OF CLAIM:
“Claim of the System Committee of the Brotherhood that:
The discipline (dismissal) imposed upon Mr. V. Carello, by letter dated May 16, 2018, for alleged violation surrounding an alleged on-duty injury on February 5, 2018 was on the basis of unproven charges, arbitrary, excessive and in violation of the Agreement (System File D-01-18-550-01-L LSI).
As a consequence of the violation referred to in Part (1) above, Claimant V. Carello shall be reinstated to service, have his record cleared of the charges leveled against him and he shall be compensated as requested within the Organization’s July 11, 2018 letter.”
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.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
Page 2 Docket No. MW-45565
22-3-NRAB-00003-190480
Parties to said dispute were given due notice of hearing thereon.
After review of the submissions, the Board finds no issues remain in this dispute that require resolution by the Board.
Claim dismissed.
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 8th day of October 2021.