Carrier File MW-DECR-89-36-LM-271


Parties Brotherhood of Maintenance of Way Employees
 to and
 Dispute Norfolk and Western Railway Company

 Statement
 of Claim: R. D. Walters-Dismissed for violation of Safety and General
 Rules M, GR-23, GR-27 and 1028.

        Findings: The Board has jurisdiction of this case by reason of the parties Agreement establishing this Board therefor.


        Claimant Lead Carpenter was on BB Gang 242 in the vicinity of St. Louis, Missouri. Five members of Gang 242, at approximately 12:30 PM, were returning company truck 305743, from lunch to their job site with the Claimant driving, one of the gang members sitting behind Claimant smoking a cigar. Claimant asked the smoker to either open his window or put out his cigar which he failed to do. He asked him again and there was no action taken. Claimant , stopped the truck and knocked out the rear window with a.-

        sledge hammer.


        As a result Claimant was charged with violating Norfolk Southern Rules M, GR-23, GR-27 and 1028 in connection with his conduct unbecoming an employee by using a sledge hammer to the endangerment of fellow employees on August 10, 1989. As a result thereof, Claimant was dismissed from service as discipline therefor.


        The Board after reviewing the record including Claimant's clear discipline record has decided to reinstate Claimant without pay for time out of service. He must, of course, pass the necessary return to service physical examinations.


Award: Claim disposed of as per findings.

 Order: arrier is directed to make this Award effective within
 thirty (30) day of date of issuance hown below.

 S. A. ammons, Jr., oyee Member ~ ~r, C. ~r Member

              AA tr` hur T. Van Wart, Chairman

              and Neutral Member


                Issued September 27, 1990.