AWARD NO. 134 Docket No. 134

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 dismissing Trackman G. A. Schrader on

January 9, 1978, on unproven charges.

2. Claimant Schrader shall now be paid for

eight (8) hours, at the straight time

rate of pay for trackmen, each work day and

holiday, beginning December 20, 1977, and to

continue until such time as he is returned to

work with his seniority rights and vacation

privileges restored, unimpaired.

FINDINGS: The evidence adduced at the investigation is that
claimant was obeying the directions of the Roadmaster
under whose supervision he was employed in the removal, trans
portation and sale of property from Grace Street Yard, so it does
not support the charge against the claimant.

It is elementary that evidence to support the charge made must be presented at the investigation to sustain the decision to dismiss the employe thereon, and proof of other misconduct such as lying to cover up the conversion of property by the Roadmaster cannot sustain such termination.

Accordingly, we are constrained to sustain the claim with a notation that pursuant to our Award No. 119, the claim for pay is subject to the deduction of earnings in other employment and unemployment compensation received by the claimant meanwhile.

AWARD: Claim sustained per findings.

IAL BOARD OF ADJUSTMENT NO. 279

Dudley E. Whiting - Ch irman

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

St. Louis, Missouri
May 24, 1979
File 247-5593