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 during
the period September 29, 1982 to March 1,
1983 when Track Foreman W. Brockman,
Jr., was dismissed for allegedly
failing to comply with verbal instructions
of the General Roadmaster and conduct
unbecoming an employe while working as
foreman on Track Gang 5218 at Osawatomie
on August 17, 1982.
(2) Claimant shall now be paid for all
wages lost for the period September 29,
1982 through March 1, 1983, as a
result of the Carrier's alleged violation
of Rule 12 of the MofW Agreement."
FINDINGS: If the Carrier's decision to tie up Track
Gang 5218 at Osawatomie was unreasonable or
violative of the Agreement it was a matter for the grievance
procedure not continued and extended argument at the
work site. Thus, we are constrained to find that the
evidence adduced at the investigation supported the charge,
and in view of claimant's prior discipline record the
claim cannot be sustained.
AWARD: Claim denied.
SPECIL 60ARD OF' ADJ)Y~ T
vyi
N0. 279
Dudley E. Whiting - Ch 'rman
M. A. Christie 94ro
Employee Member Carrier Member
March 9, 1984
File: 247-6484