'r PUBLIC LAW BOARD N0. 2556



Parties Brotherhood of Maintenance of Way Employees
 to and
 Dispute Southern Railway Company
 Statement
 of Claim: Claim on behalf of M. J. Marvels that he be restored
 to service with seniority and other rights unimpaired
 and be paid for all time lost subsequent to June 21,
 1978, account of being dismissed for insubordination.
 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 October 17, 1979, that
 it has ,jurisdiction of the parties and the subject matter, and that
 the parties were given due notice of the hearing held.

 Claimant Machine Operator was dismissed from service effective June 21, 1978, following a formal investigation on charges' of insubordination.

 Claimant was accorded a fair and impartial investigation.

 The Board finds that while the charge of insubordination was in part upheld by the record such charge was the con-

    ar,


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' -2- Award No. 1 - ? 3 $-6

    clusion of his other charges in connection with which the record created doubt. Where doubt is involved such redounds to the Employee's benefit.


    Consequently, Claimant shall be restored to service with all rights unimpaired, but without any pay subject to passing the necessary return to service examinations and, if necessary, the right to displace in to a gang other than that supervised by the foreman involved in the incident leading to the instant dispute.


    Award: Claim disposed as per findings.


    Order: Carrier is directed to make this Award effective within

    thirty (30) days of date of issuance shown below.


    A. . Arnett, Emp oyee Member R. 5. Spen i, Carrier Member


Ar hur T. Van Wart, Chairman

and Neutral Member


    Isued at Washington, 0. C., April 4, 1980.