AWARD NO. 133 Docket No. 133

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 by

unfairly dismissing System Rail Gang Track

man R. C. Ballard on November 16, 1977.

2. Claimant Ballard shall be paid for eight hours

each work day and holiday, at the straight

time rate of pay for trackmen, to begin sixty

days prior to December 1, 1977, and to continue

until such time as he is returned to work with

his seniority rights and vacation privileges

restored, unimpaired.

FINDINGS: The testimony adduced at the investigation supported
the charge against the claimant and, since he had
less than one year of service, there is no reasonable basis for
disturbing the Carrier's decision thereon.

AWARD: Claim denied.

SP 7 BOARD OF ADJUSTMENT NO. 279

Dudley E Whiting - Cha'rman

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

St. Louis, Missouri
May 24, 1979
File 247-5583