SPECIAL BOARD OF ADJUSTMENT N0. 279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT '
OF CLAIM: "(1) Carrier violated the agreement on March 27,
1984, when Track Foreman C. A. Mayberry and Machine
Operators C. Anderson and T. L. Absher, Chester,
Illinois, were dismissed from service for being
absent from their assignments on March 1, 2, 5, 7 and
8, 1984, and for falsifying their timeroll.
"(2) Claimants shall now be returned to service with
all rights unimpaired and paid for all time lost
beginning March 27, 1984."
FINDINGS: Evidence adduced at the investigation supported the
charges that Claimants absented themselves from their
assignments without proper authority.
It does not appear that they used Form 24131 to
report their time worked, so the charges of falsification of such
form was not established.
Claimants testified that they paid the amounts
claimed as expenses and the evidence to the contrary was hearsay,
so the charges of false claims were not sustained.
Under the circumstances we are constrained to award
reinstatement without pay for time lost.
AWARD: Claim sustained to the extent stated in the Findings.
SPECIAL BOARD OF ADJUSTMENT NO. 279
Dudley . sting - ai an
.RBA.'
. J. J. Shannon
Employee Member Carrier Member
September 27, 1985
File: 247-6751