MISSOURI PACIFIC RAILROAD CCWANY


STATEMM OF CLAIM: Claim of the Committee that:

        1. Carrier violated the effective Agreement when Trackman Anthony Bacon was unjustly dismissed in letter dated September 6, 1979.


        2. Claimant Bacon shall now be returned to service with seniority rights and vacation privileges restored and paid for all time lost and to continue until he is again reinstated.


        FINDINGS: The charge encompasses only the months of May and June, 1979 and the only evidence to support it is an unsigned statement purporting to evidence admissions by the claimant, which was refuted by claimant's testimony at the hearing.


        Considering the nature of the charge and the circumstances shown, we are constrained to find that the charge was not proven and the claim should be sustained.


        Under the Agreement and our prior awards earnings in other employment and unemployment compensation received are to be deducted in the calculation of pay for time lost.


AWARD: Claim sustained in accordance with the findings.

        SPE BOARD OF ADJUSTMENT N0. J79


          Dudley E. 'ting - Chair


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 M. A. Christie - Enploye Member L. rown arrier Me er

 Houston, Texas
 March 20, 1981
 File 247-5854