SPECIAL BOARD OF ADJUSTMENT N0. 279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT
OF CLAIM: Claim of the System Committee that:
"(1) Carrier violated the agreement on
April 20, 1982, when Work Equipment
Mechanic V. W. Collins, Eastern District,
was dismissed for his alleged unauthorized
possession of Carrier property at
Route 1, Box 14 'K,' Bald Knob,
Arkansas, on April 8, 1982.
(2) Claimant shall now be reinstated to
service with seniority and all other
rights unimpaired and paid for all
- wages lost beginning April 20, 1982."
FINDINGS: At the investigation the claimant stated that his
possession of railroad property was authorized by
long accepted practice. While there may be some question
whether the amount of some items and the inclusion of others
was comprehended by the practice shown, in a case of this
nature the claimant is entitled to the benefit of any doubt,
particularly in view of his long service and prior good record.
It appears that claimant cannot be reinstated to
service because he was directed to report for service on
July 5, 1983 but did not and he was subsequently terminated
for failure to report for duty.
Accordingly, only the claim for lost pay from
April 20, 1982 to July 5, 1983 is sutained, and under the
agreement that is subject to deduction of earnings in other
employment and unemployment compensation received during
that time period.
AWARD: Claim sustained to the event stated in the findings.
SPECI BOA D OF APJUS ~T,NO. 279
Dud ey hiting - C a' an
M. A. Christie W. E. aro
Employee Member Carrier Member
March 9, 1984
File: 247-6387