AWard bb. 185
Docket No. 185
SPECIAL 'BOARD 'OF ALUUS'ZIENT 'NO: 279 .
BRDRBERHOGD OF DMINTENANCE OF MY EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
SELTEMENr
OF CLAgi: 1. Carrier violated the agreement on September 1,
 
1981, when Trackmen C. B. Ross and J. H. Thanes,
 
R7.Msville Division, were dismissed for refusal
 
to comply with instructions to change a flat
 
tire on the gang truck on July 16, 7981.
2. Claimants shall now be allowed pay at. their
straight time rate during the period July 17,
1981 until Septerber 1, 1981.
FINDINGS:  Miile there is a conflict'in the evidence adduced
  
at the investigation, we am obliged to find that
  
there was evidence which supports the charge.'
  
Considering the prior discipline record and
 
. relatively short service of the claimants.r
  
dismissal was not an excessive penalty so the
  
claim is not sustainable.
AWARD:  Claim denied.
SPECIAL BOARD OF ADJUSIMMT ND. 273
i
Dudley E ting, Chairman A
r
M. 
A. 
istie, Efiploye Mmtez L. D. Br , Carrier Manger
San Antonio, 
Tbxac
January. 14, 1383
File 247-6360