NATIONAL MEDIATION BOARD
Special Board of Adjustment No. 1048
JOHN C. 1LITCHER, CHAIRMAN & NEUTRAL MEMBER
R. A. LAU, ORGANIZATION MEMBER
E N. JACOBS, JR., CARRIER MEMBER
BROTHERHOOD OF MAINTENANCE OF
WAY EMPLOYEES
and
NORFOLK AND WESTERN RAILWAY.
COMPANY
Award No. 58
Hearing Date - December 12, 1994
Statement of Claim
:
Claim on behalf of J. Cutshaw requesting that he be reinstated to service
and paid for time lost as a result of his dismissal from all service following
formal investigation held on April 20, 1994 in connection with conduct
unbecoming an employee involving a criminal conviction of burglary of a
dwelling with assault and criminal mischief.
FINDINGS:
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:
Claimant shall be restored to service with seniority and other benefits in place,
but without compensation for time lost.
Carrier is directed to I ith this Award within forty-five days of the date
indicated below.
Joh '. Fletc r, Chairman & Neutral Member
A. Lau, Organization Member E. N. Jacobs, ier Member
Issued at Fort Lauderdale, Florida, December 12, 1994
This award is based on the facts and circumstances
of
this particular case and shall not serve as a
recedent in an other case