AWARD NO. 135
Docket No.135
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 Trackman J. L.
Harbor from Carrier's service on August 9,
1976.
2. Claimant Harbor shall now be returned
to the position of Trackman on the
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 August 9, 1976,
and that he be paid for all time lost that he
has suffered on account of dismissal, claim to
run concurrently until Mr. Harbor is returned
to service.
FINDINGS: Evidence was adduced at the investigation to support
the charge in the testimony of the foreman and a
fellow employe,and,it is undisputed that the claimant left the
place where he was working and performed no more,work that day.
Moreover,the claimant's testimony on a material
fact was inconsistent in that he said the foreman jerked the
bar from his hand and continued cussing "so I just gave him the
bar'and walked away." This latter statement that he gave the
bar to the foreman is consistent with the foreman's testimony.
Hence we are constrained to credit.the foreman's
testimony and deny the claim.