SPECIAL BOARD OF ADJUSTMENT N0. 93'0
Parties to the Dispute

 Brotherhood of Naintenance of Way Employes

 VS.

Norfolk and Western Railway Company

(Lake Region)


STATF1'LENT OF CLAIM
(1) The dismissal oC Crossing Watchmen G. R. Awbrey and G. F. Hiller was without just and sufficient cause, on the basis of unproven char.-es, arbitrary and capricious. [File z;os. ^·1t·7-:·.11:1-82-36 and fV-M!111,f-t32-371.

 (2) Crossing WoLchmen G. IL. Ae:brey and G. F. Miller shall be reinstated with seniority and all other rights unimpaired and compensated for all wage loss suffered.

 0!'TI-ITON OF Pli(: BOARD
Claimants C. R. Awbrey (with 20 years service) and C. F. Miller (with 34 years service) were employed by Carrier as Crossing Watchmen in Muncie, Indiana. Claimants were involved in horse play and Claimant Mi.lLer's anklo was broken. Charges were brought against Miller and Awwbrty and on fungi 3, 1·,12;2, an investigation into the matter was held. Claimants were found guilty as charged and were

 Case :do. 12 Award 'Ho. 12
 Case No. 12
 Award No. 12 5(j/d

 dismissed from Carrier's service. This Board has reviewed the record of this case ond must conclude that Claimants-were guilty as charged but that dismissal from service is far too severe a penalty given the total record of this case.

 AWARD
Claimants shall be rcinSLuled to their former status with seniority, but without nay for time out of service. Carrier 'is directed to imp.lerent this maird e··ilnin 30 days o[ its shining by the parties.

 C. Dennis, 'neutral iiembc:r

 16, C. 41 1 oxi
 S. C. Lyons, Ca:i:r

 I1. C:. "arper, Lmplofe ~'-!,--nber