BEFORE PUBLIC LAW BOARD NO. 1837

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES

AND

NORFOLK AND WESTERN RAILWAY COMPANY Award No. 92 STATEMENT OF CLAIM: Claim of the Brotherhood that:

Claim on behalf of L. Bradley requesting that he be reinstated and paid for

time lost, as a result of his dismissal from service following investigation

held on March 9, 1993, in connection with marking off on sick leave and,

during this sick leave, securing employment elsewhere.

Upon the whole record and all the evidence, after hearing, the Board finds that the parties herein are carrier and employee within the meaning of the Railway Labor Act, as amended, and this board is duly constituted by agreement under Public Law 89-456 and has jurisdiction of the parties and subject matter.
This award is based on the facts and circumstances of this particular case and shall not serve as a precedent in any other case.
This Board has reviewed the record and testimony in this case and we find that there is sufficient evidence in the record to support the finding that the Claimant was guilty of marking off under false pretenses when he was employed elsewhere.
Once this Board has determined that there is sufficient evidence in the record to support the guilty finding, we next turn our attention to the type of discipline imposed. This Board will not set aside a Carrier's imposition of discipline unless we find its actions
PLD st37- AWD-

to have been unreasonable, arbitrary or capricious.

Given the previous record of the Claimant, this Board finds that he shall be reinstated but without backpay. The time he was off shall be considered a lengthy

suspension. AWARD

Claim sustained in part. The dismissal of he Claimant shall be reduced to a lengthy suspension. He shall b reinst ed b without backpay.

Peter R.Vyers

Neutral Member

D. . , artholomay E. N. Jacobs, Jr
Organization Member Carrier Membe~

DATED: