SPECIAL HOARD OF ADJUSTmENT N0.
166
BROTHERHOOD OF RAILYIAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
Award No. 12
Docket No. 12
Claim of the General Committee of the Brotherhood of Railway
and Steamship Clerks; Freight Handlers, Express and Station
Employes on the Missouri Pacific Railroad, that the Carrier violated the Clerks'
Agreement:
1. lJhen on July 10;
1956,
following investigation held at Dupo, Illinois
on July
5, 1956,
it dismissed Clerk Mrs. Batty Thompson from the ser
vice o£ the Company on charges that she failed to protect her assign
ment as Yard Clerk - Teletype Clerk, June
26, 1956,
hours 7PPI to 3:30AM;
The Carrier shall be directed by an appropriate order of the National
Railroad Adjustment Hoard to reinstate
Mrs.
Betty Thompson to the service with seniority rights unimpaired and reimburse her for all wage
loss suffered as result of the Carrieras action.
FINDIDD3: The claimant was dismissed after investigation. The investigation shows
unmistakably that the claimant requested permission to lay off and was
advised that there were no extra clerks available to fill her position. Subsequent
ly she advised a clerk in the office to tell the Supervisor that she would not be
out that night, then she either did not answer her telephone or left her residence
so that she could not be contacted.
This is a clear case of a deliberate refusal to cover one's assignment
without offering in advance any reasonable excuse. While reasonable minds might
differ as to the extent of the penalty to be imposed, we do not think that this
Board should substitute its judgment for that o£ the Carrier in such a clear case.
AM,
Claim denied.
/s/ Ira F. Thomas
Ira F. Thomas - Employs Member
St. Louis, Missouri
January
17, 1957
SPECIAL HOARD OF ADJUSTMENT N0.
166
/s/ Dudley E. tlhitinp
Dudley E. Whiting -- Chairman
/a/ G. W. Johnson
G. W. Johnson - Carrier Member