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                            BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES versus

                    MISSOURI PACIFIC RAILROAD COMPANY


STATEMENT OF CLAIM: Claim of the System Committee that:

            1. The dismissal from service of Frank Mendez, Jr., was unfair,

- improper, arbitrary, capricious and discriminatory, without
            just and sufficient cause and in violation of the effective

            Agreement, especially Rule 12(b).


            2. Trackman Frank Mendez, Jr. be returned to the Carrier's

          service to the position of Traclnnan on Track Gang No. 303 with all seniority. rights, past privileges and vacation rights unimpaired and.the restoration of all the rights and privileges accru:iLng,to him under the provisions of the various Agreements , if he had not been dismissed from the service by the Carrier on May 12, 1969.


            3. Trackman Frank Mendez, Jr. be paid for all time lost from

            May 12, 1969, up until the time he is returned to the Carrier's service and further that the Carrier shall pay to the Claimant 6%u interest per annum on the monetary allowance accruing from the initial Claim date until this Claim is paid.


FINDINGS : There is no dispute that the claimant refused to comply with in
 structions to wear his safety hat while on duty. He claims that such
 instructions were unreasonable and discriminatory.

 The agreement establishes a grievance procedure for the determination of such claims and to provide relief if found to be discriminatory or unreasonable.

 The claimant did not follow that procedure and did not file any such claim. Rather he took matters into his own hands and deliberately refused to comply with the directions of a supervisor. Thereby he was insubordinate and his dismissal was for proper cause.

 This board has no jurisdiction to grant leniency, but notes that, in such cases, generally a long service employe would be considered therefor upon recognition of his responsibility to comply with supervisory directions.
                                              AWARD N0. 113 Docket No. 113


AWARD: Claim denied.
 s BOARD of ADJUS 0. 279

                                      _


                      Dudley E ting - Cha


~y~
 A. J. ·ingham - loye Member G. W. Jo so -Carrier Member

 St. Louis, Mo..
 February 9, 1971
 File 247-4727