Brotherhood of Maintenance of Way Employes

(Consolidated and Pennsylv=ania Federations)

and

Norfolk Southern Railway Company

Statement of Claim:

C7aikrt or, behalf of R. D. McAfee for reinstatement with seniority and all other rights unimpaired and pay for all time tort as a result of his three month actual suspension from service following a formal investiuatican on September 30, 2003, in corrnec ion with insubordination and falsifying payroll records.

(Carrier File: MW-BLUE-03-321-LM -252)

Upon the whole record and all the evidence, after hearing, the Board finds that the parties herein are carrier and employee within the meaning of the Railway Labor Act, as amended. stud this board is duly constituted by agreement and has jurisdiction of the parties and subject matter.

This award is based on tine facts and circumstances of this particular case and shall not serve as a precedent ire any ether case.

Claim disposed of as follows:

The record reflects that Claimant believed that he was emitted to an overtime assignment on August 2, 2003, flagging for a contractor that was perfoxnung steam cleaninI- ors certain equipment. The assignment was given to another Foreman who had less seniority than Claimant. Claimant met with the Track Supervisor and the Assistant Division Engineer who explained to Claimant the bases for assigrking the. overtime to the ether Foreman. When Claimant continued to insist that he ,vas entitled to the overtime under the Agrcenaerkt, the superviisors instructed Claimant not to submit the time but that if Claimant wished to pursue the matter further lie should file a claim. Clainraat, however, submitted for four hours of overtime, for the flagging work.

Following Me investigation. Carrier dismissed Claimant fr-otn service. Subsequently, Carrier reinstated Claimant to service, concertina the dismissal to a three month suspension and ions of Foreman's seniority.
Upon our review of the record, we find that Carrier proved the charges by substantial evidence, We further find that the penalty of a three month suspension for such a serious offense was not arbitrary, capricious or excessive. However, we find that the penalty of forfeiture of Fonanart`s seniority was excessive. Accordingly, we will sustain the claim, but only to the extent of oederino, Carrier to reinstate Claimant's Foreman seniority.

Iu7. II. Malin
Chai-man and Neutral Member

P. K. Geller, Sr,
Organization Mcmber

D. L.Kextry
Carrier Member

Issued at Chicago, Illinois, October 19, 2t3t74.