C:\AWARDS\OUT\SBA166-13.htm

SPECIAL BOARD OF ADJUSTMENT NO. 166

BROTHERHOOD OF RAIIx'IAY AND STEAMSHIP CLM~KSj

FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES

versus

MISSOURI PACIFIC RAILROAD COMPANY

Award No. 13 Docket No. 13

CLAIM: 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 ClerkaP Agreement: '

1. When on June 30,

1956,

following investigation held on June

25, 1956,

it charged Claimant, Clerk Arthur C. Farr, with the responsibility for

removing Company ties from the premises and selling them to Mrs. Jane

Ann Gilkes of Frontenac Village, St. Louis County, during the summer

of 1 and March,

1956;

The Carrier shall, 3n accordance with Rule 1$(f) of the Clerks Agreement, clear the record of Clerk Farr and reimburse him for wage loss sustained June

22, 1956

until and inclusive of Friday, July

27, 1956,

(when Clerk Farr as reinstated with seniority rights unimpaired and was returned to his position of Ticket Clerk at Kirkwood'Station, but without-pay for wage loss sustained) for

working days, rate

X16.12

per day, amount

$419.122

account Carrierps unjustified action and the failure of the Carrier to sustain the charges against the Claimant, and that any vacation which was due Mr. Farr in the year

1956

for compensated service rendered in

1955

be not adversely affected because of his having been dismissed from service in this case.

FINDINGS: After investigation, the claimant was dismissed on June 30, 1956, and was reinstated by the Superirt endent on a leniency basis July 28, 1956. While the original charge upon which he was called for investigation might have indicated possible moral turpitude, the basis of the discipline was simply that he removed used ties from the company premises without permission. Considering the entire record, the Hoard has determined that claimant's record should be changed to a disciplinary suspension for two weeks, and that he should be paid for one half of the time lost. Claimantts record shall be changed to suspension for two weeks and'he shall be compensated for one half the time lost from June 25, 1956, to July 28, 1956.

SPECIAL BOARD OF ADJUSTMENT N0. 166

/s/ Dudley E, Whitinrz Dudley E. Whiting -- Chairman Is/ Ira F. Thomas I. F. Thomas - Employs Member St. Louis, Missouri January 17, 1957

(s/ G. W. Johnson G, tV. Johnson - Carrier Member