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 Machine Operator H. L.
Richardson on March 13, 1978.
2. Claimant Richardson be' reinstated with sen
iority 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 provi
sions of various agreements if he had not been
dismissed from the service of the Carrier
March 13, 1978, and be paid for loss of wages
suffered from date he was removed from service,
February 28, 1978, claim to run concurrently
until Mr. Richardson is returned to his job.
FINDINGS: The testimony of the Assistant Roadmaster and the
Assistant Foreman supports the charge against the
claimant and, while he denies having actually refused to work
as directed, he did not do so and we are unable to.credit his
testimony thereon.
If he was aggrieved by the assignment to another
crane on two consecutive days, his remedy lay in the grievance
procedure rather than a failure or refusal to work as directed.
AWARD: Claim denied.,
S ECIAL BOARD OF ADJUST NO. 279
l~
Dudley . Whiting - Cha,rman
.~,oJlz.-c.
M. A. Christie L. D.-Brown
Employe Member Carrier. Member
St. Louis, Missouri
November 15, 1979
File 247-5610