SPECIAL BOARD OF ADJUSTMENT N0. 279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT
OF CLAIM: 1. Carrier violated the effective Agreement
when Welder Helper W. L..Wheeler was
unjustly dismissed by notice dated
October 22, 1980.
Claimant Wheeler 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 service of the Carrier
October 22, 1980, and be paid for loss of wages
suffered from October 22, 1980, claim to run
concurrently until Mr. Wheeler is returned to
his job.
FINDINGS: Under the circumstances shown, the welder helper
cannot be held to the same degree of responsi
bility as the welders in charge. It appears
that one of the welders took the responsibility
of reporting the fire to the agent and the
dispatcher, and who released the track permitting
the passage of the train. Meanwhile, the helper
was engaged in fighting the fire.
AWARD: Claim sustained.
SPEC7.r-BOARD OF ADJUSTMENT NO. 279
t i; %
Dudley E.7, iting, Chair
L
M. A Christie, Employe Member L. D. Brown, Carrier Member
New Orleans, Louisiana
November 18, 1981
File 247-6106