NATIONAL MEDIATION BOARD

Special Board of Adjustment No. 1048


JOHN C. FLETCHER, CHAIRMAN & NEUTRAL MEMBER

R. A. LAU, ORGANIZATION MEMBER

E N. JACOBS, JR., CARRIER MEMBER




and

 NORFOLK WESTERN RAILWAY COMPANY
Statement of Claim :

Hearing Date- january'17, 1994

Date of Decision - February 10, 1994


Claim on behalf of S. E. Hinkley for payment for lost time from a thirty-day actual suspension and reinstatement of machine operator's rights, as a result of formal investigation held on June 1, 1993, in connection with performing an unsafe act which caused an injury.

 FINDINGS:
Award No. 45

 Special Board Adjustment No. 1048, upon the whole record and all of the evidence, finds and holds that the Employee(s) and Carrier(s) are employee and carrier within the meaning of the Railway Labor Act, as amended, and that the Board has jurisdiction over the dispute(s) herein and that the parties to the dispute(s) were given due notice of the hearing thereon and did participate therein.

 AWARD

After thoroughly reviewing and considering the transcript and the parties presentations, the Board finds that the claim should be disposed of as follows:


Adequate evidence was developed at Claimant's investigation to establish that he dismounted his machine in an unsafe manner which is against Carrier's written instructions, A suspension and disqualification was appropriate in the circumstances. However, the disqualification should only be temporary. When and if Claimant is able to work, he shall be given an opportunity to re-qualify as a machine operator. If Claimant does re-qualify as a machine operator, his senior' a a chi a ope tor.shall not be interrupted.




R. A. Lau, Organization Member

 E. N. Jacobs crier Member

 Issued at Mt. Prospect, Illinois, February 1 , 1994

This award is based on the facts and circumstances of this particular case and shall not serve as al

precedent in any other case