Docket No. 212
AWARD NO. 212
SPECIAL BOARD OF AIMUSUMT NO. 279
BROOD OF MATNTPNANCE OF WAY EM==
versus
MISSOURI PACIFIC RAILROAD COMPANY
STATENNT
OF CLAIM: Claim of the System Committee that:
"1) Carrier violated the agreement on November 9,
1982, when Track Foreman I. Phillips and Trackmen S. Phillips and D. M. Hamann, St. Louis
Terminal, were dismissed fran service for
allegedly violating Rule G.
2) Claimants shall now be paid for all time lost
during period November 9, 1982 to February 9,
1983, when they were reinstated to service on
a leniency basis."
FINDINGS: While there was conflict between the testimony of
the claimants and a special agent at the investigation,
the Carrier's decision to act upon the testimony of the
Special Agent that he saw the claimants drinking fran a
gin bottle on Campany premises is not unreasonable,
particularly in view of their breaking of the bottle
to prevent its use as evidence.
The length of their suspension until reinstatarent a1
a leniency basis is not wholly unreasonable so there
is no basis for the claim
AWARD: Claim denied.
SPE BOARD OF ADJUSTMENT NO. 279
-,Dudley E. 'ting - Q~aintmf
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Christie . E. Naro
Employee Nmber Carrier
November 1, 1984
File: 247-6501