AWARD NO. 132 Docket No. 132

SPECIAL BOARD OF ADJUSTMENT NO. 279

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

versus

MISSOURI PACIFIC RAILROAD COMPANY

STATEMENT
OF CLAIM: 1. Carrier violated the effective Agreement by
unfairly dismissing Roadway Machine Operator

John H. Woods from Carrier's service February 11,

1977.

2. Claimant Woods shall now be returned to the

position of Roadway Machine Operator on

Louisiana Division, with all seniority rights,

pass privileges, vacation rights unimpaired, as

well as his restoration of all other rights and

privileges accruing to him, which would have been

his under the provisions of various agreements, if

he had not been dismissed from the service of the

Carrier on February 11, 1977, and that he be paid

for all time lost that he has suffered on account

of dismissal, claim to run concurrently until

Mr. Woods is returned to service.

FINDINGS: The testimony adduced at the investigation supported
the charge against the claimant and, since he had
previously been disciplined for the same offense, there is no
valid basis for the claim.

AWARD: Claim denied

SPECIE BOARD OF ADJUSTMENT NO. 279

D ey EE.iiting - Chai.man

M. A. Christie - Employe Member L. D. Brown - Carrier Member

St. Louis, Missouri
May 24, 1979
File 247-5484