PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employees
vs
Norfolk and Western Railway Company
STATEMENT OF CLAIM:
1. Carrier violated the effective Agreement dated
February 1, 1951 on June 10, 1976, when they dismissed
Claimant Roosevelt McCoy, Extra Gang Laborer, without a
fair and impartial investigation as provided in Rule 22
of the M. W. Agreement.
2. Claimant McCoy be reinstated immediately with seniority, vacation and all other rights unimpaired and pay
him for all loss of wages suffered by him, beginning
June 10, 1976, until he is returned to service.
FINDINGS: This Board upon the whole record and all the
evidence finds that:
The carrier and employee involved in this dispute are respectively carrier and employee within the meaning of the
Railway Labor Act, as amended.
This Board had jurisdiction over the dispute involved herein.
OPINION:
While the record of this case raises certain questions
as to precisely what happened during the second week of
June, 1976, as relates to the Claimant, the fact remains
that a record of employment existed for the. Claimant post
June 10, 1976. The Organization's assertion that the Claimant was "returned" to service as a reaction to its intervention of the earlier dismissal is unsupported on the
Case #16
Page 2
record. The record is noticeably devoid of any input
from the Claimant which might have constructively dealt
with some of the uncertainties this Board encounters.
In any case, we find no basis to conclude a dismissal
occurred and certainly not one as of June 10, 1976.
AWARD:
Claim is denied.
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es F. Scearce
tral Member
G. C. Edwards Fred Wurpel, J:
Carrier Member Organization Ms
Dated this
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