NATIONAL RAILROAD ADJUSTMENT BOARD
SPECIAL BOARD OF ADJUSTMENT
PUBLIC LAW BOARD NO.
1837
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
NORFOLK and WESTERN RAILWAY C0.
WHEELING AND LAKE ERIE DISTRICT
CLAIM OF THE ATEM COMMITTEE THAT:
1 The carrier violated the effective Agreement
dated April 1, 1951, on September 141, 1977, when it dismissed claimant. S_ H. Burris, Jr. from service.
2. The dismissal of the claimant was excessive,
unwarranted and unjustified.- The claimant now be restored to service with seniority and benefits unimpaired
and-payment allowed for the assigned working hours
actually lost while out of service of the railroad, at
not less. than the rate of pay for position formerly.
held, or for the difference in rate of pay earned if
in or out of service.
FINDINGS:
This Board, upon the. whole record and all the
evidence finds that: the Carrier and Employee involved
are respectively -Carrier and.Emplayee within the meaning
of the Rallway.Labor Act, as amended, and the Board has
jurisdiction over the dispute involved.
OPINION OF. THE BOARD:
The Board, on review of the facts of the case,
is satisfied that the Carrier 'had cause for the Claimant's
dismissal.. Nonetheless, we restore him to service on a
"last chance" basis, but issue him a stern admonishment
that he seize this opportunity to demonstrate that he
can comport himself as an exemplary employee and expect
his future record to bear out this confidence. The
parties may not refer to this Award for precedent
purposes in any future, similar case.
AWARD
The Carrier had cause for dismissal but the
Claimant is offered one last opportunity for
employment.
Carrier Member
Neut Member
Awd. /f35 - 1837
Organization Member
Signed this ~/Z'day of
in