Docket No. 214
PWARD N0. 214
SPECIAL BOARU OF ADJUSTMENT NO. 279
BR0E~.'HI'IOOD OF MAINTENANCE OF GAY RVIPIC=
versus
MISSOURI PACIFIC RAILROAD COMPANY
STATE
OF CLAIM: Claim
of the System Camattee that:
"1)Carrier violated the agreement on March 18, 1983,
when Tracknan J. Kleinpeter, New Orleans Division,
was dismissed fran service for being absent without
authority fran his assigraiennt on Tie Gang 5810 since
February 16, 1983.
2) Claimant shall now be returned to service with
all rights unimpaired and paid for all time lost
beginning March 18, 1983."
FINDINGS: Claimant was dismissed fran service on June 10, 1982
and filed a claim for reinstatement with pay which was
prcgressed to the Third Division NRAB. Meanwhile,
February 8, 1983, 1e was notified by the Carrier of
his reinstatement to service and instructed to report
and protect his assignment within 7 days. He did not
and at an investigation on March 17, 1983, the organization contended that such was improper and should be
withdrawn because of the pendency of the claim before
the Third Divisim.
There can be no doubt of the Carrier's right to minimize
its
pay
liability on a claim before the NRAB by an offer
of reinstatement, nor of the claimant's obligation to
accept such an offer to mitigate his damages. Thus,
the investigation on March 17, 1983 of claimant's
failure to protect his assigrzent was a proper procedure under the Agreanent and, since the Third Division
rendered a denial award cn the pending claim on September
26, 1984, there is no valid basis for this claim.
AND: Claim denied.
SPECIALS BOARD OF ADJUSTMENT 0. 279
5-1
Dudley E. ting - Chainn
wa--
M. Christie W. E. Naro
Ffiployee Nmnber Carrier Member
November 1, 1984