PUBLIC LAW BOARD NO. 6644
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES )
} Case No. 3
and }
Award No. 3
NORFOLK SOUTHERN RAILWAY COMPANY }
Martin H. Malin, Chairman & Neutral Member
R. C. Robinson, Employee Member
D. L. Kerby, Carrier Member
Hearing Date: May 5, 2004
STATEMENT OF CLAIM:
1. The discipline (dismissed in all capacities) imposed upon Mr. E. M. Allen in
connection with charges of alleged violation of General Safety Rule N in
connection with a personal injury sustained at 7:45 a.m. on August 17, 2001,
alleged absence without proper authority when he left the company property at
8:15 a.m. on August 17, 2001, and alleged conduct unbecoming an employee for
allegedly making false and conflicting statements in connection with his personal
injury of August 17, 2001 was arbitrary, capricious, unwarranted and in violation
of the Agreement (Carrier"s File MW-HARR-01-17-LM-326).
2. As a consequence of the violation referred to in Part (1) above, the charges against
Mr. E. M. Allen shall now "... be dismissed and his record cleared of this incident,
and upon his release from his attending physician, he be restored to service with
all rights unimpaired."
FINDINGS:
Public Law Board No. 6644, upon the whole record and all the evidence, finds and holds
that Employee and Carrier are employee and carrier within the meaning of the Railway Labor
Act, as amended; and, that the Board has jurisdiction over the dispute herein; and, that the parties
to the dispute were given due notice of the hearing thereon and did participate therein.
On April 8, 2003, Claimant entered into an agreement with Carrier acknowledging that he
was permanently disabled and that there were no reasonable accommodations that would enable
him to return to work. In consideration of a payment that was made to him, Claimant agreed that
PLB NO. 6644 Award No. 3
he would "not exercise my seniority rights nor attempt to return to work at any time in any
capacity at any place" for Carrier and that "at the end of the second calendar year following the
year in which I last performed compensated service or received vacation pay . . . my name will be
removed from all seniority rosters and my employment relationship . . . will be terminated." In
accordance with the April $, 2003, agreement, Claimant's seniority will terminate on December
31, 2004. In light of the agreement, the instant case must be dismissed.
AWARD
Claim dismissed.
Martin H. Malin, Chairman
D. L. Kerby R. C. R binson
Carrier Member Employee Member
Dated at Chicago, Illinois, October 19, 2004.