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 Willie Brown was unjustly dismissed by notice dated June 22, 1979.
2. Claimant Brown 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 services of the
Carrier June 22, 1979, and be paid for loss
of wages suffered from June 22,.1979, claim to
run concurrently until Mr. Brown is returned
to his job.
FINDINGS: Credible evidence adduced at the investiga
tion supports the charge despite a partial
denial of misconduct by the claimant and in
view of his prior disciplinary record the pen
alty of dismissal is not excessive.
AWARD: Claim denied.
SPECXAF, BOARD OF ADJUSTMENT NO. 279
Dudley E Whiting - Charman
IM-.
A. Ch is ie - Employe Member L. D. Brown - Carrier Member
Dallas, Texas
September 19, 1980
File 247-5841