Docket No. 15 ATM NO. 9

PUBLIC LAW BOARD NO. 3539

BRCTHERHOCD C' MAINTENANCE OF VMY ES'YLOYEFS

versus

MISSOURI PACIFIC RAILROAD COMPANY

"Claim of Track Foreman M. Tezano far 8 hours pay

each pork day and holiday as well as as any over

time beginning October 3, 1983, and continuing

until reinstated to service with seniority, pass,

and vacation reights unfired se of Rule 12

being violated.

FINDINGS: The evidence of the investigation shows a violation by claimant of Rule 145(a). Isis testimony that his brakes wouldn't hold is negated by the testimcrry of the mechanic who examined the motor car and found

nothing wrcng with the brakes.

It appears that claimant was reinstated on June 29, 1984 and the Carrier asserts that he had previously refused offers of reinstatement upon admission of

his responsibility. Under these circumstances,

there is no merit in the claim.

C LPN BOARD N9. 539.

I~1-~' E~ _ Ch

A