MISSOURI PACIFIC RAILROAD COMPANY


STATEMENT
 OF CLAIM: Claim of the Committee that:

            1. Carrier violated the effective Agreement when Track Foreman E. T. Johnson was unjustly dismissed by letter dated August 14, 1978.


            2. Claimant E. T. Johnson shall be paid for

            eight hours each work day and holiday, at the

            straight time rate of pay for foremen, to begin

            August 14, 1978, and to continue until such

            time as he is returned to work with seniority

            rights and vacation privileges restores,

            unimpaired.


FINDINGS: Certainly a foreman has a responsibility
 for the safety of the employees under his
 direction. In this case there are mitigating
 factors, lack of a latch cover on the door and
 the claimant's length of service and good
 record, which make dismissal an excessive
 penalty.
 With respect to the remedy it appears that
 the claimant was injured before his dismissal,
 has not worked since such injury by reason
 thereof and has filed a claim of total and
 permanent disability. Hence, his wage loss
 was not occasioned by the dismissal and rein
 statement to his job is now inappropriate, so
 we are constrained simply to award a restoration
 of his seniority status at this time.
 AWARD: Claim sustained to the extent stated in the
 findings.