AWARD NO. 128 Docket No. 128

SPECIAL BOARD OF ADJUSTMENT NO. 279

BROTHERHOODOF MAINTENANCE OF WAY EMPLOYES

versus
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT
OF CLAIM: Claim of the Committee that:

1. Carrier violated the effective Agreement

by unfairly and without just cause removed

from its service on July 16, 1976, Welder

Tholen Clawson, and subsequent to a hearing,

dismissed him from Carrier's service.

2. Carrier shall reimburse Claimant Clawson

for eight (8) hours pay each work day and

holiday, at the straight time rate, to commence

August 2, 1976, and to continue until such time

as he is returned to work with seniority rights

and vacation privilege restored, unimpaired.

FINDINGS: Claimant physically assaulted a Roadmaster, which is
generally accepted as misconduct justifying dismissal.
The fact that such assault occurred off Carrier's prem-
ises and while claimant was off duty does not alter the propriety
of his dismissal under the circumstances of this case, as it was
directly related to the employment relationship.

Claimant had been absent from work for two and a portion days. Employe absence is a legitimate matter of interest to and concern by the employer. The Roadmaster was acting within the scope of his responsibility in calling upon claimant to check the reason for absence and in calling attention to his responsibility to protect his assignment. Such action angered the claimant and he assaulted the Roadmaster. That action cannot be condoned and the claim cannot be sustained.

AWARD: Claim denied.

SPECIF J ST T NO. 279

Dud E J Whiting - Ch

A. a ningh - Employe Member V. E'. fianika - Carrier Member

St. uis, Mo.
November 18, 1977
File: 247-5450