AWARD NO. 124
Docket No. 124
SPECIAL BOARD OF ADJUSTMENT NO. 279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT
OF CLAIM: Claim of the Committee that:
1. Carrier violated the effective Agreement,
especially Rule 12 by dismissing from
service Trackman Kenneth B. Eden by its
notice of September 6, 1974.
2. Carrier shall pay for time lost for each
8 hours work day, including any holidays
falling therein, beginning August 5, 1974
and continuing until reinstated to service
with seniority, pass and vacation rights
unimpaired.
FINDINGS: Claimant was employed on May 13, 1974 and failed to
protect his assignment on August 5, 1974. For that
length of service dismissal was not an unreasonable penalty for
such offense.
It is contended that his arrest and incarceration at
2:05 a.m. on August 4, 1974 constituted proper cause for his absence,
but this is not generally accepted as good cause for absence, and it
is not shown that his arrest made it impossible for him to notify or
have someone notify the Carrier in advance of his absence.
Accordingly his claim cannot be sustained.
AWARD: Claim denied.
SPEC BOARD OF ADJUSTMEN NO. 279
Dudley E Whiting - Chai3fman
1
A. J unninghV
' Employe Member
~~
anika - Carrier Member
St. Louis, Mo. November 18, 1977
File: 247-5183