SPECIAL BOARD OF ADJUSTMENT NO. 279

AWARD NO. 117 Docket No. 117

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

versus

MISSOURI PACIFIC RAILROAD COMPANY


STATEMENT
OF CLAIM: Claim of the System Committee that:

FINDINGS :

reinstatement on

AW ARD:

"We feel the Carrier`s dismissal of Trackman Johnnie Cunningham was too severe and the penalty excessive and we are requesting-the carrier shall now reinstate Mr. Cunningham to service on a leniency basis with all rights unimpaired, but without pay for tine lost. "

This is a claim for leniency. . NRAB awards have consistently held that the board is without authority to entertain such claims.

Moreover, it appears that the Carrier herein offered a leniency basis and that the claimant rejected it.

Claim dismissed.

SPECIA B ARD OF ADJUSTMENT NO. 279



A. J. unningh - mploye Member

St. Louis, Missouri
May lo:, 1973
File: 247 -4691

G. W. Jo s n - Carrier Member