BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

versus

MISSOURI PACIFIC RAILROAD COMPANY


STATEMENT
 OF CLAIM: 1. Carrier violated the effective Agreement
 when Machine Operators and Trackmen
 Daniel J. Steck, David W. McKernan, Mark D.
 Stallings, Leo J: Tolkin, John G. Floyd,
 Arthur H. Luebbert, James A. Hoemann,
 Jeffrey A. Goben, R. Max Wachter, Jr.,
 Mark T. Oldham, Melvin L. Brunk, Fred A. Brunk,
 Arthur E. Nelson, T. J. Bluitt, David W. Marmon,
 Freddie E. Woods, Joseph R. Smith, David P.
 Loyd, Eichel Renny Johnson, Larry Armstead,
 H. D. Huddleston, Nathan L. Sherrod and Herbert
 T. Henley were unjustly dismissed.





FINDINGS: It is clear that claimants did not work as directed
 and the evidence does not support the claim that such
 work presented such an unsafe condition as to constitute an imminent
 peril to their health or safety. This is true because it appears
 that ties have been unloaded manually on prior occasions and were
 unloaded by others on that day.

 The contention that assignment of such work, except in emergency, is contrary to a provision of the Chief Engineer's instruction book cannot justify the failure to work. The proper procedure is to work as directed and resort to the grievance procedure to test that contention.

 The evidence shows that the reason Trackman E. R. Johnson did not unload ties was that he had swollen wrists, so his claim is valid. The agreement provides a remedy of wage loss, so his earnings in other employment or unemployment compensation received during the same time period are deductible.