PARTIES ) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
 TO ) and
 DISPUTE ) BURLINGTON NORTHERN RAILROAD COMPANY
 STATEMENT
 OF CLAIM: Request that Machine Operator Helper D. A.
 Williams be paid at the operatar helper rate of
 pay from July 18, 1986 for all time lost.
 FINDINGS: The Board, on consideration of the whole record
 ,and all the evidence, finds that the parties herein
 are Carriei~and Employee within the meaning of the Railway Labor
 Act, as amended, that this Board is duly constituted by Agreement
 dated April 10, 1987, that it has jurisdiction of the parties and
 the subject matter, and that, pursuant to the Agreement dated April
 10, 1987, oral hearing by the parties, including Claimant, has-been
 duly waived. -

 On the morning of July 18, 1986, according to Roadmaster, Claimant "came to me as everyone was going to work and asked (begged) me for a cut off slip. I told him I couldn't because I could get wrote up or he could lose his rights. He finally talked me into it." (Carrier's Ex. No. 2, p. 4). On July 26, 1986, in telephone conversation, it was understood that Claimant was "to submit a letter stating that when you were cut off you took a voluntary lay off." (Carrier's Ex. No. 2, pages 5 and 7). These facts are not disputed.

        In the special facts and circumstances of record, and with- -

out prejudice to rules of Agreement, Claimant is entitled to be
 restored to service with seniority rights unimpaired but without pay
 for time lost. A W A R D

              Claim disposed of per Findings.


              JOSEPH LAZAR, CHAIRMAN AND NEUTRAL MEMBER


DATED: August 28, 1987