(Brotherhood of Maintenance of Way Employes PARTIES TO THE DISPUTE: ( (and



            (1) Carrier's dismissal of Claimant Eugene Wilsey was without just and sufficient cause, was not based on any clear and probative evidence and was done in an arbitrary and capricious manner, wholly beyond the Scope of the Scheduled Agreement.


            (2) Claimant Wilsey shall be reinstated to his position with the Company with his seniority unimpaired and be compensated for all lost wages and benefits which would accrue to him provided for in the Scheduled Agreement and his record cleared of the charge.


FINDINGS:
The Board, upon consideration of the entire record and all of the evidence, finds that the parties are Carrier and Employee within the meaning of the Railway Labor Act, as amended; that this Board is duly constituted by Agreement; this Board has jurisdiction over the dispute involved herein; and that the parties were given due notice of the Hearing held.

 The discipline of Termination of Claimant Eugene Wilsey is modified. The Carrier is directed to restore Claimant to service without compensation lost on a last and final chance basis. Any further incidents regarding absenteeism which occur following the date of this Award will result in the Claimant's dismissal from service.

    Claim sustained in accordance with the Findings.

Steven Bierig

 DI1PWy vy~by 5- fig OK cra5ieven &Mg osSttren M &etng Attrsne7rAANVaIOr Mediator, ou, cmmisatasa~<w,~cas«,es<=b<. o-zoiaos,o2oe:ab:zz ~W

Steven M. Bierig

Chairperson and Neutral Member


Rachelle A. Miela
 Carrier Member

 Dated at Chicago, Illinois this 2 °d day of March 2010.

 Public Law Board 7035
 Case No. 5

 Bradley A. inter
 Organization Member