STATEMENT
OF CLAIM: 1.
FINDINGS:
AWARD:
Award No. 169 .
Docket No. 169
SPECIAL BOARD OF ADJUSTMENT N0. 279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
Carrier violated the effective Agreement
when Trackman D. G. Powell was unjustly
dismissed from the service of the Carrier
by notice dated July 15, 1980.
Claimant shall now be returned to service
with seniority, pass and vacation rights
unimpaired and compensated for loss of
wages suffered from July 15, 1980, until
reinstated to service.
Credible evidence was adduced at the
hearing to support the charge and claimant's
relatively short service and prior discipline
record makes the penalty reasonable. The
difference in those factors does not require
the reinstatement of claimant on the basis
that the other trackman involved has been
reinstated on a leniency basis.
Claim denied.
SPECIAL BOARD OF ADJUSTMENT ~T0. 279
Dudley Fr Whiting, Ch
L. D. rown, Carrier Member
M. A. C istie, Employe Member
New Orleans, Louisiana
November 18, 1981
File 247 6029