NATIONAL MEDIATION BOARD
SPECIAL BOARD OF ADJUSTMENT
NO. 1049
JOHN C. FLETCHER, CHAIRMAN & NEUTRAL MEMBER
E. N. JACOBS, JR., CARRIER MEMBER
RICHARD A. LAU, ORGANIZATION MEMBER
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
NORFOLK SOUTHERN RAILWAY COMPANY
Award No. 82
Case No. 82
Date of Hearing - August 1, 1997
Date of Award -December27, 1997
Statement of Claim:
1. The fifteen (15) day suspension assessed Machine Operator
D. L. Duncan for his alleged improper performance of duty in
connection with the collision between Brush Cutter TBC-8501 and
Train K-89 on April 22, 1996was without just and sufficient cause,
capricious, based on unproved charges and in violation of the
Agreement (System File DLD0896/MW-SMOR-96-03).
2. Machine Operator D. L. Duncan shall be exonerated of this
incident and compensated for all wage loss suffered.
FINDINGS:
Special Board of Adjustment No. 1049, upon the whole record and all of
the evidence, finds and holds that the
Employee(s) and
the Carrier 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.
Upon review of the entire record, and Claimant's prior work and
discipline history, the Board concludes that the discipline assessed as a result
of the collision occurring on April 22, 1996, shall be reduced to a Letter of
Reprimand. Claimant shall be compensated for all wage losses incurred as a
result of the 15 day suspension initially assessed as discipline.
The claim will be sustained as modified above.
SBA - 1049
BMWE - NS
Award No. 82
A WARD
Claim sustained.
ORDER
Carrier is directed ply with this Award and make all payments due
Claimant within thir days a date indi ated below.
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John . letch , hairman & Neutral Member
. .'~'-
E. N. Jaco s, r., Carrier a er chard A. Lau, Employee Member
Dated at Mt. Prospect, Illinois., December 27, 1997
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