AWARD NO. 191
Docket No.191
SPECIAL BOARD OF ADJUSTMENT NO. 279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
STATENMTI'
OF CLAIM: (1) Carrier violated the agreement following
investigation conducted on June 17, 1981
with Assistant Foreman W. Fair, Jr., System Rail
Gang 6801, alleging he provided false information
to the timekeeper on May 15, 1981, resulting in
his receiving pay he was not entitled to receive.
(2) Carrier shall now reinstate Assistant Fore
man W. Fair, Jr., to service with seniority
and all other rights unimpaired with pay for all
time lost during the period July 13 through
October 16, 1981.
FINDINGS: There was evidence at the investigation that claimant's
foreman told him he would be paid for attending an
investigation just the day before, whereas the only allegation of
advice to the contrary was over a year before, so it is under
standable that he relied upon what the foreman told him. This
negates any intention to give false information by his silence
thereon to the timekeeper, so the claim will be sustained.
The pay claim is inaptly written as the Agreement provides for payment of any wage loss, which comprehends the deduction
of earnings in other employment and unemployment compensation
received meanwhile.
AWARD: Claim sustained to the extent stated in the Findings.
SPECIAL BOARD OF ADJUSTMENT NO. 279
i
. . ~;:Ls-(.
CGC ~, /
Zee
Dudley E7' Whiting - Cha rman
s
,,
A Christie - Employe Member L. D. Brown - Carrier Member
New Orleans, Louisiana
October 21, 1983
File 247-6263