Public Law Board No. 2363
PARTIES Brotherhood of Maintenance of Way Employes
_TO
DISPUTE: and
Louisville and Nashville Railroad Company
STATEMENT 1.Track Repairman R. D. Smelley's dismissal
_OF
CLAIM: was without just or sufficient cause and was
arbitrarily and capriciously imposed.
2. Claimant shall be returned to service with
seniority unimpaired and with pay for all time
lost.
FINDINGS: The record clearly establishes that claimant
and a fellow track repairman, E. T. Green, left
the property in defiance of instructions by
Assistant Roadmaster Hobbs to get back to work.
After their dismissal, Green accepted rein
statement on a leniency basis. No response was
received from claimant to a similar offer.
It is our view that claimant should be afforded
P31,3 - A
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another opportunity to show himself to be a reliable employe.
We will accordingly direct that he be offered immediate reinstatement with seniority rights unimpaired but without back pay.
AWARD:
arrier Member
Claimant to be reinstated without back pay.
Award effective within 30 days of its adoption.
Adopted at Louisville, Kentucky, *'/7Uta~k ~~ 1980 .
n
M. We ,to , Chairman
Employe Membe