AWARD NO. 140 Docket No. 140

- SPECIAL BOARD OF ADJUSTMENT N0. 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 G. L. Saulsberry

on May 4, 1978.

2. Claimant Saulsberry shall be reinstated with

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 May 4, 1978, and be paid for loss of wages suffered from May 4, 1978, claim to run concurrently until Mr. Saulsberrx is returned to his job.

FINDINGS: There is no question that claimant failed to protect
his assignment on April 14, 1978 and his allegation
that he had permission to leave was denied by the Foreman. This
latter testimony was deemed credible by the Carrier in deciding
on dismissal and no reasonable basis appears for disturbing that
decision.

AWARD: Claim denied.

S=) OF DJ T NO. 279,

Dudley 6./Whiting - Chairm

~i'77.0/`c-e

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

St. Louis, Missouri
November 15, 1979
File 247-5647