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                                    CASE NO. 19

                                    CASE #1268 MW

                                    FILE: T-219-T-79


          PARTIES TO DISPUTE:


              Illinois Central Gulf Railroad


                  and


              Brotherhood of Maintenance of Way Employees


                        STATEMENT OF CLAIM


            "(1) The dismissal of Trackman W. E. McKinney, 'F. L. Johnson, R. E. Johnson and R. L. Knowles was without just or sufficient cause and extremely disproportionate to the offense with which charged.


              (2) Each Claimant shall have his record cleared, restored to service with seniority rights unimpaired and with pay for all time lost - all in conformity with Rule 33(1)."


                          OPINION OF BOARD


        The Claimants were notified of an investigation concerning asserted abandoning of position. Subsequent to the investigation, the Employees were dismissed from service.


        The evidence shows that the Employees left their jobs based upon the fact that their "back-time" checks had not been issued.


        While there is quite a bit of testimony concerning asserted permission to be absent; compelling reasons to leave duty; the fact that the gang was being abolished; failure to charge other employees; etc., the record clearly demonstrates to the Board that the Claimants made a determination to leave their duty for reasons which the Board does not feel. are compelling, and thus there was an adequate basis to impose disciplinary action.

          We have noted, nonetheless, that a fair degree of confusion surrounded the events in question, and to some degree, the confusion began to compound. While we are not inclined to ignore a Carrier's decision as to the amount of discipline to be imposed, we do feel that permanent dismissal may vary well have been excessive in this case.


                              FINDINGS


          The,Board, upon consideration of the entire record and all of the evidence finds:


          The parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended.


          This Board has jurisdiction over the dispute involved herein.


          The parties to said dispute were given due and proper notice of hearing thereon.


                              AWARD


' 1. The terminations are set aside. The Employees
          shall be restored to service with retention of seniority

          and other benefits, but without reimbursement for compensa

          tion lost during the period of the suspension.


          2. Carrier shall comply with this Award within thirty (30) days of the effective date of this Award.aoqe~h A.~SuS-Lrck


                      Cha,a nd Neutral M tuber


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          Hugh Cc:Harper r, LR. 'G. itrchter

          Organization Member Carrier Member


                              DATE


                                2.


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