Docket No. 215
AWARD NO. 215
SPECIAL BOARD OF ADJUSTMENT NO. 279
BROTEEfiOOD OF MAINTENANCE OF WAY EMPLOYEES
versus
MISSY PACIFIC RAIIMAD COMPANY
STATEMENT
OF CLAIM: Claim of the System Cammttee that:
"1) Carrier violated the agreement on December 3,
1982, when Track Foreman P. Williams, DeQuincy
Division, was assessed 60 days' actual suspension
for his allegedly failing to prepare his time rolls
for the rs-Ar as instructed; failure to comply with instructions to change out stock rail at
the south end of DuPont pass; and for being tardy
without proper authority.
2) claimant shall now be paid for all tine lost during
the period he was suspended from service."
FINDINGS: The provision of Rule 12, Section 1(b) for advice of
the precise charge in writing does not preclude the
incorporation of more than one charge in a notice of
investigation, so long as each of such charges is
precisely stated to enable the employee to be fully
prepared for his investigation.
While there is sane conflict in tie testimony of
claimant and the roadmaster at the investigation,
the rs-Pr's testimony supported the charges
and we have no means for the reevaluation of the
credibility issue, so we are constrained to deny
the claim.
AWARD: Claim denied.
SPE QAM
OF ADJUSTMENT N . 279
Azal .
M.
. L9
.
Christie W. E. Nara
EMloyee Member Carrier
November 1, 1984
File: 247-6569