PUBLIC LAW BOARD N0. 3514

Case No. 103 Award No. 101

PARTIES Brotherhood of Maintenance of Way Employes

to and

DISPUTE:- Consolidated Rail Corporation

STATEMENT OF CLAIM: Appeal of Casual Vehicle Operator, R. A._-_ Kradle, to have the discipline of dismissal removed from his records and to be restored to the service. FINDINGS: The Board finds that while the Claimant was 'involved with the loss of Company property, the penalty of dismissal is unduly harsh, when weighed against-the Claimant's past work record, the strong indication of his supervisor that he was a good worker, and his twenty years of service. Accordingly,' he is to be restored to the service with seniority and other rights unimpaired, but without back pay. He is to understand that this decision by the Board provides him one last opportunity to perform service for the

.. .Carrier in a-'fully satisfactory'inanner. ~:~ ' ' "- ' _ , , -_: ~.-` _ .._.'__.

AWARD

The claim is :sustained as specified above.

J. . Domza i _Eckehard Muessi. P. Cassese
- C rier Me er Neutral Memb r Employee Member
Dated: FES 27 1988 -_