. SPECIAL BOARD OF ADJUSTMENT N0. 279


MOTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

versus

MISSOURI PACIFIC RAILROAD COMPANY


STATEMENT
 OF CLAIM: Claim of the System Committee that:

          1. The Carrier violated the effective Agreement as of

          February 17, 1971, by improperly and arbitrarily dis

          missing from its service without sufficient cause, Track

          men Diane A. Whitis, Dwiglit E. Fletcher., Burnice L. Dandy,

          James E. Malone and Willie L. Stepney, members of Track.

          Gang #14.


          2. Claimants be returned to service with all seniority

          rights, pass privileges and vacation rights unimpaired

          as well as restoration of all other rights and privileges

          accruing to them which would have been theirs under the

          provisions of the various Agreements if they had not been

          dismissed from the service of the Carrier on February 17,

          1971.


              3. Claimants be paid for all time lost from February 2, 1971, (the date taken out of service) and continuing until the date they are returned to service.


              4. Carrier shall pay Claimants 6~ interest per annum on the monetary allowance accruing from the initial claim date until paid.


FINDINGS: The claimants assert that they left work at noon on February 2,
 1971, by permission or with the consent of the foreman. It is
 inconceivable that the foreman gave them permission to leave because of the
 presence on the job of the roadmaster and the evidence that he told that foreman
 to tell the men they could not leave early and if they did they would be pulled
 out of service.

 Being unable to credit the testimony of the claimants, we are constrained to deny the claim.
                                              AWARD NO. 115 Docket No. 115


AWARD: Claim denied.
 4
 S CTRL ARD OF ADJUSTWNT NO 9
 dley E.Rv.ting - Chairm
 . A. J.v Employe Member G. W. Jo so - Carrier Member

 St. Louis, Missouri September 29, 1972

 File: 24.7-1456

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