The Board, upon the whole record and on the evidence, finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended; that this Board is duly constituted by agreement of the parties; that the Board has jurisdiction over the dispute, and that the parties were given due notice of the hearing.
After reviewing the submissions of the parties, it is apparent that Claimant's culpability for the incident in question is comparable to that of the conductor of the crew. The conductor's dismissal is under review by Public Law Board No. 3304 in Case No. 528. That Board has announced, as a preliminary matter pending issuance of its final award, that the conductor will be reinstated with full seniority; the question of back pay, if any, will be resolved by the final award.
In light of these circumstances, it is determined that Claimant is entitled to immediate reinstatement to service with his seniority unimpaired. Any back pay remedy shall be commensurate with the corresponding remedy, if any, provided by Public Law Board No. 3304 by its award in Case No. 528.