AWARD N0.
116
Docket No. 716
. . SPEC?AL 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. The discipline assessed Welder Helper Ray E. Phillips,
Southern District, of a ten (10) day suspension from
service beginning December 12,
1969,
was unfair, improper,
arbitrary, capricious and on unproven charges and without
,lust and sufficient cause. And especially in violation of
Rule 12 of the current Agreement.
2. Welder Helper Roy E. Phillips be now paid for all time
lost from December 12,
1969
through December
21, 1969
account of this improper suspension from service.
3.
The Carrier shall pay the claimant
6%,
per annum on the
monetary allowance accruing from the initial claim date
until paid.
FINDINGS: . Claimant was charged with "failure to perform the duties delegated
to a welder helper at 2:10 FM on December 11,
1969."
It appears that the welder came from the dispatcher's phone and
informed the claimant that they had until
2:45
FM to weld two ,joints on a bridge.
It developed that the welder was mistaken stout the information received from
the dispatcher.
Under these circumstances it is not reasonable to say that the
helper should have questioned the welder's information, or taken precautions as
though he had not been told that the line was clear until
2:45
PM, so no reasonable basis for the discipline has been established.
AWARD: Claim sustaine except part 3 which is denied.
SPE ?AL ARD OF ADJU N0.
Du ey E.
T'
ting - Chairman
A. J. - Empunningh loye Member . W. Jo so= Carrier Member
St. Louis, Missouri
September
29, 1972
File:
247-4797