PUBLIC LAW BOARD NO. 6399

CASE NO. 22

AWARD NO. 22

Brotherhood of Maintenance of Way Employes Division - IBT Rail Conference

and

Norfolk Southern Railway Company

(former Norfolk & Western Railway Company)

STATEMENT OF CLAIM:

“Claim of the System Committee of the Brotherhood that:

1. The Carrier violated the Agreement when, after an unjust treatment hearing held on November 4, 2020, the Carrier upheld its decision to have a one-on-one meeting concerning a return to work discussion following an extended absence with Mr. D. Martin on August 17, 2020, despite failing to respond within the twenty (20) day time limit following this hearing (Carrier’s File MW-BLUE- 20-123-BB-776 NWR).

   
   

2. As a consequence of the violation referred to in Part 1 above, the issue will be discussed immediately.”

FINDINGS:

The Board, after hearing upon the whole record and all the evidence, finds that the Carrier and Employee involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Act, as amended, that the Public Law Board 6399 has jurisdiction over the dispute involved herein and that the parties were given due notice of hearing thereon.

At a hearing before the Board, the Board determined that this claim has been settled and hereby issues an Award showing that it is dismissed.

AWARD

Claim dismissed.