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
when Trackman Henry Toliver, Jr. was unjustly
dismissed by notice dated May 15, 1979.
2. Claimant Toliver shall be reinstated with
seniority rights, pass privileges, vacation
rights and privileges accruing to him which
would have been his under the provisions of
various agreements if he had not been dis
missed from the service of the Carrier May
15, 1979, and be paid for loss of wages suf
fered from May 15, 1979, claim to run concur
rently until Mr. Toliver is returned to his
job.
FINDINGS: The evidence adduced at the investigation
sustained the charge and in view of claimant's
relatively short service, his poor attendance
record and his warning thereon the penalty of
dismissal is not excessive.
AWARD: Claim denied.
SPECIAL-.BOARD
OF
ADJUSTMENT NO. 279
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Dudley E./ iting - Chai an
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FI.
Christie - Employe Member L. D. Brown - Carrier Member
Dallas, Texas
September 19, 1980
File 247-5817