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    PARTIES TO DISPUTE:


CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY

AND

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                        Statement of Claim:


            "1. The dismissal of B&B Carpenter Anthony Annoreno for allegedly working on a private automobile while on duty on January 20, 1983 was without just

' and sufficient cause and on the basis of an
            unproven and disproven charge. (Organization File

            T3-3627; Carrier File 81-83-86-D).


            2. B&B Carpenter Anthony Annoreno shall be reinstated with seniority and all other rights unimpaired and compensated for all wage loss suffered."


            FINDINGS: This Board, upon the whole record and all the evidence, finds and holds that The employees and the Carrier involved, are respectively employes and Carrier within the meaning of the Railway Labor Act, as amended, and that the Board has jurisdiction over the dispute herein.


    The claimant was assigned as a B&B carpenter at Carrier's California Avenue, hours of assignment 7:30 A.M. to 4:00 P.M., with a thirty minute lunch period. He had been in service since August, 1978.


    On January 24, 1983, claimant was notified to appear for a formal investigation on January 28, 1983, on the charge: '


        "To determine your responsibility in connection with your actions on'January 20, 1983 when you were observed working on a private automobile while on duty at California Avenue."

Award 11
 Page 2

 Based upon a review of the transcript of the investigation, the Board concludes .that the charge was proven. In view of claimant's prior record, the discipline imposed was not arbitrary, capricious or in bad faith. The claim will be denied.

 AWARD
Claim denied.

 mp oy a It% her

 CHICAGO, ILLINOIS

 Chairman, Neutral Member

 arrier Member