BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and

 ILLINOIS CENTRAL RAIIIZOAD

 PUBLIC LAW HOARD No. 4331: CASE No. 10





The Claimant, Mr. C.O. "Neil" Prine, was dismissed from employment with the Carrier for performing duties for a private contractor while he was being paid to perform duties as a flagman for the Carrier. Mr. Prins does not deny operating the contractor's equipment, but he contends that he did not neglect his flagman duties.

 At several points in his testimony, Mr. Prihe acknowledges operating the contractor's equipment while he was on duty as a flagman and being paid by the Carrier. Because of his years of service as an employee of the Carrier, including being a foreman, Mr. Frihe knew or should have known that it was improper for him to perform duties for the contractor - while in pay status for the Carrier. The record is clear, Mr. Prine neglected his assigned carrier duties during the times he operated the contractor's equipment.

 We find no basis for leniency in this matter. Mr. Prime was provided a fair and impartial hearing.

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        Claim denied.


                Ronald L. Miller

                Chairman and Neutral Member


J. S. Oibbihs D. B. artholomay
 Carrier Member Organization Member

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                  Date