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 Trackmen C. Chatman and
H. L. Smith on March 22, 1978.
2. Claimants Chatman and Smith shall be reinstated
with seniority rights, pass privileges, vaca
tion rights unimpaired, as well as their restoration
of all other rights and privileges accruing to them,
which would have been theirs under the provisions
of various agreements if they had not been dismissed
from the service of the Carrier March 22, 1978, and
be paid for loss of wages suffered from March 22,
1978, claim to run concurrently until'Mr. Chatman
and Mr. Smith are returned to their jobs.
FINDINGS: The testimony adduced at the investigation sustains the
charge against the claimants and, while one of them
claimed it was necessary to leave work to protect his driver's
license, such information was not conveyed to the Foreman before
he left.
Considering their relatively short service dismissal was
not an excessive penalty,, so the claim is not sustainable.
AWARD: Claim denied.
1
S ECIAIy BOARD OF
r
M.'~A.Christie~ L: D. Brown
Employe Member Carrier Member
St. Louis, Missouri
November 15, 1979
File 247-5618