PARTIES Brotherhood of Maintenance of Way Employes
 TO
 DISPUTE: and

STATEMENT Claim by Alfred Lawless for reinstatement with
 67
 CLAIM: pay for all time lost resulting from incident
 that occurred on June 3, 1982.
 FINDINGS: j3n the date in question, claimant knocked out
 a window on the bus that was about to transport
 his crew from the work site. He was withheld
 from service immediately and after a hearing
 had been held in the matter on July 11, 1982,
 was dismissed.
 The destruction of Company property is an ex-
 tremely serious offense that warrants strong disciplinary action.
 In the particular circumstances of this case,
 we are satisfied that claimant should be restored to service -
 promptly with seniority rights unimpaired, but without back pay. -
 The record indicates that he had been operating a spike puller
 diligently that day and that his action in knocking out the window,
 though inexcusable, was not really malicious or calculated.


He should bear in mind, in reviewing the situation and the heavy pay loss he has suffered due to his temporary lack of control, that the only proper way to register a protest against what he may consider to be unfair treatment is by utilizing the grievance machinq'fof the contract.

 AWARD: Claimant to be reinstated with seniority rights
 unimpaired but without back pay. To be effective
 within 15 days.
 Adopted at Philadelphia, Pa., October 4, 1984.
 iil V(Hai,crld .,
 M. Weston, Chairman