SPECIAL BOARD OF ADJUSTMENT N0.
279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES -
versus
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT
OF CLAIM: Claim of the System Committee that:
1. B&B Foreman L. A. Smith's dismissal from the Carrier's
service on April
22, 1965,
was improper, arbitrary and
capricious, and in violation of the Agreement.
2.
B&B Foreman L. A. Smith, be now returned to service to the
position of Foreman, with all his seniority rights, pass
privileges and vacation rights unimpaired, as well as the res
toration of all other rights and privileges accruing to him,
which would have been his under the provisions of the effective
Agreement, if he had not been dismissed from the service of the
Carrier on April
22, 1965.
3.
B&B Foreman L. A. Smith, be now paid for all time lost, which
he could have worked, beginning April
22, 1965,
up to the
date on which he is returned to the Carrier's service.
FINDINGS: The record of the investigation shows that claimant was guilty of
misconduct, but the penalty' of discharge was excessive.
Several factors affect the equities of our award. Claimant retired
effective November 1,
1966
and could have done so in July
1965.
Prior to his
retirement he received unemployment compensation.
Under these circumstances we find that claimant should be reinstated
as an employee with rights unimpaired until November 1,
1966
when he voluntarily
released them and retired, with pay for two months at
$537·07
per month in
addition to unemployment compensation received in full settlement of his claim
for pay for time lost.
AWARD: Claim sustained to the extent stated in the Findings.
SPEC OARD OF ADJUST . 279
Dudley Whiting..- Chai n
.. .. .
w
A. J. 'u ningham - p ye Member~,:~ .':G. W. Johns Carrier Member
St. Lou s, Missouri
·~ '' -' .
July
9, 1968
File
24.7-4327 '_ _