AWARD N0.
114
Docket No.
114
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. Carrier was in violation of the Agreement by its action
in dismissing Track Foreman W. A. Robertson, Monroe Sub
division, from the Carrier's service on the allegation that
he had improperly supervised his gang on August 1,
1968.
2.
Track Foreman W. A. Robertson be returned to service of
the Carrier in the position of Foreman with all seniority
rights, pass privileges and.vacation rights unimpaired, as
well as the restoration 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 services of the Carrier on August
16, 1968;
and that he
be paid for all time lost, retroactive sixty
(60)
days from
October
23, 1968,
claim to run concurrently until Mr.
Robertson has been returned to service.
FINDINGS
: The claimant was guilty of the charge on the basis of his own
statement that he was laying down in the truck and did not know
if the men were at the back of the truck or had gone back to work.
He has been reinstated on a leniency basis after seven months. It
appears, however, that he was offered an opportunity to return earlier and
other circumstances indicate that he must bear the responsibility for a
significant portion of that lost time.
Accordingly we are constrained to deny the claim.
AWARD
: Claim denied.
S
EC
BOARD OF ADJUSTME
N0279
Dudley E~fhiting - ChaizFhn.
~
d~u
A. J. unningh Employe Member G. W. John on - Carrier. Member
St. Louis; Mo.
February
9, 1971
File
247-4683