AWARD NO. 207 CASE NO. 294

SPECIAL BOARD OF ADJUSTMENT NO. 280

"1. Carrier violated the effective Agreement when B&B Carpenter Mark Lewis was unjustly dismissed.

2. Claimant Lewis shall now be reinstated to service with all seniority rights unimpaired and paid for all straight time as well as overtime wages lost, beginning from August 24, 1984 and continuous thereafter." (SSW-D-1171Lewis; 53-794)

The Board, after hearing upon the whole record and all the evidence, finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended; this Board has jurisdiction over the dispute involved herein; and, the parties were given due notice of hearing thereon.

The record substantiating that Claimant was found to be in violation of Rule "G" of Carrier's Rules and Regulations for the Government of Maintenance of Way Employes while on duty, and the record further revealing Claimant to have previously been far from an exemplary employee, the Board finds no reason to hold that the Carrier was without just cause in dismissing Claimant from its service.

Robert E. Peterson, Chairman and Neutral Member