Parties Brotherhood of Maintenance of Way Employes
to and
Dispute: Norfolk and Western Railway Company
Statement Claim on behalf of Mr. J. M. Beckett for` reinstatement and pay for
of time lost as a result of his dismissal effective October 19, 1979.
Claim: (File- MW-PO-79-37)
Findings: The Board, after hearing upon the whole record and all evidence, finds
that the parties herein are Carrier and Employee within the meaning of
the Railway Labor Act, as amended, that this Board is duly constituted
by Agreement dated March 1, 1976, that it has jurisdiction of the
parties and the subject matter and that the parties were given due
notice of the hearing held.
Claimant, following an investigation, was dismissed from service
effective October 19, 1979. Since that time another employee involved
in the incident giving rise to the discipline herein, was returned to
service. Claimant will be returned to service with all rights unimpaired
but without pay for time out of service and will be placed on a pro
bationary status for a one (1) year period.

Award: Claim disposed of as per findings.



A. D. Arnett, Employee Member G. C. Edwards, Carrier Member




                      Issued at Wilmington, Delaware, March 13, 1981.