Parties to Dispute:





Statement of Claim:

    Claim on behalf of W. B. Shivers for reinstatement with seniority, vacation and all other rights unimpaired and pay for all time lost as a result of his dismissal from service following a formal investigation on July 21, 1998, for failure to protect his job assignment on July 1, 2 and 7, 1998.


                (Carrier File MW-ATLA-98-41-BB-272)


Upon the whole record and all the evidence, after hearing, the Board finds that the parties herein are carrier and employee within the meaning of the Railway Labor Act, as amended, and this board is duly constituted by agreement under Public Law 89-466 and has jurisdiction of the parties and subject matter.


This award is based on the facts and circumstances of this particular case and shall not serve as a precedent in any other case.


                        AWARD


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


The Carrier met its burden in proving the charge against the Claimant. Based on Claimant's prior service record, the discipline he was assessed will not be disturbed. Claim denied.


                      C. P. Fischbach

                  Chairman and Neutral Member


R. A. Lau D. L. Kerby
 Organization Member Carrier Member

                Issued at Chicago, IL on May 13, 1999