SPECTAL BOARD OF ADJUSTMENT N0.
488
BROTHERHOOD OF NAINi'ENANCE OF WAY EMPLOYES
and
THE BALTIMORE AND OHIO RAILRQQD COMNY
AWARD IN DOCKET N0. 2
STATEMENT "Claim of the System Committee of the Brotherhood that:
OF CLAIM:
1. The Carrier violated the effective Agreement by its dismissal of
Extra Gang Foreman H. E. Leatherman and Substitute Foreman A. R. Lance, Subdivision No.
3,
Toledo Division, account of derailment of Train No.
54,
north of
Perrysburg, Ohio, on August 24,
1959.
2. That Extra Gang Foreman H. E. Leatherman and Substitute Foreman
A. R. Lance be now reinstated with seniority rights, unimpaired, their vacation
privileges be restored, and that they be reemployed in the same status as they
were as of September
8, 1959.,
the date of their dismissal."
FINDINGS: We believe that to whatever extent these claimants may have been
negligent, the discipline already imposed is sufficient.
The claim of each, being a request for restoration to service, will
be sustained.
AWARD
Claims sustained in accordance with Findings.
(s) Edward A. Lynch
Edward A. Lynch, Chairman
(s) A. J. Cunningham (s) T. S. Woods
A. J. Cunningham, Employee Member T. S. Woods, Carrier Member
Dated at Baltimore, Md..,
this 26th day of March,
1963.