AWARD N0. 162
DOCKET N0. 162
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 when Trackman
D. G. Powell was unjustly dismissed on September 17, 1979.
2. Claimant Powell shall now be paid for eight hours each
work day, including any holidays falling therein, beginning
September 17, 1979, continuing until reinstated to service
with seniority, pass and vacation rights unimpaired.
FINDINGS: It appears that four employees rode in the rear of the truck
contrary to instructions and those other than claimant were
given thirty (30) day deferred suspensions. The only difference
is that claimant was injured. We are constrained to find that
this is not a proper basis for differentiation in disciplinary
penalty, so the claimant's penalty shall be reduced to a thirty
(30) day deferred suspension and his claim for pay sustained.
Under the Agreement and our prior awards earnings in other
employment and unemployment compensation received shall be
deducted in calculating pay for his lost time.
AWARD: Claim sustained according to findings.
SPECIAL BOARD OF ADJUSTMENT N0. 279
Dudley~F. biting - Chai
'M. A. Christie - Employe Member
Houston, Texas
March 20, 1981
File 247-5894
D. Brown - Carrier Yem er