SPECIAL BOARD OF ADJUS'Nl`
NO. 2699
BROZ7ERHOOD OF NONCE OF 4P3.' F1%IOYES
versus
MISSODRT PACIFIC RAILROAD WTANY
Award No. 1'79
Docket No. 179
SMEMEW
OF
CLAM- 1. Carrier violated the agreement on May 2, 1981,
when Welder Helper B. S. Hartsell, Palestine
Division, was dianissed for allegedly laying
off under false pretenses to engage in outside
enploynrat.
FMMINCS
:
Claimant shall xcw be paid far all time lost
during the period May 2.to October 30, 7981.
Any presumption that
claiant laid off under false
pretenses in order to accept outside employment by
being seen at work elsewhere, was refuted by evidence
that his car was in the garage for repair and that
no other means of transportation try the location of
his assignannt was available to him on April
9,
7381,
which supports the reason he gave for laying off
that day.
It is clear that he addressed obscene and abusive
language to the roadmaster. In view of his length
of service and absent any record of prior discipline,
a reprimand would have been suitable discipline.
Accordingly, the dismissal shall be reduced to a reprimand
and clainent shall be cnpensated for any wage loss from
May 2 to October 30, 1981, as he was reinstated
effective October 31, 1981.
Claim sustained to the extent stated in the findings.
ADJUSIMENZ'
NO.
279
Dudle
M. A: Cbristie, Ehploye Meter
San Antonio, Texas
January
14,
7383
File
247-6220
L. . Brawn, Carrier
Member