Public Law Board No. 2363
PARTIES Brotherhood of Maintenance of Way Employes
TO
DISPUTE: and
Louisville and Nashville Railroad Company
STATEMENT 1. Dismissal of Track Repairmen J. L. Griffin and
OF '
CLAIM: F. L. Massey for fighting was without just and
sufficient cause and excessive.
2. That they be allowed the remedy prescribed in
Rule 27(f).
FINDINGS: Claimants were dismissed after a hearing had been
held in the matter for fighting on Company property
and time. They were notified of their dismissals
by letter of Division Engineer McQueen dated Septem
ber 25, 1980, but did not give notice of appeal to
Mr. McQueen within ten days after the dismissal de
cision was rendered.
Rule 27 (e) provides for appeal from a discipline
decision "if notice of appeal is given to the official rendering
the decision within ten days thereafter." The provisions of that
Rule are definite and unambiguous and have not been waived.
The claim accordingly must be dismissed.
2
AWARD: Claim dismissed.
Adopted at Jacksonville, Florida, April 21, 1983.
Harold M. Weston, Chairman
l a rier Member Employe Membe