Mopac File 247-6900


Parties. Brotherhood of Maintenance of Way Employes
 to and
 Dispute: Missouri Pacific Railroad Company

 Statement
 of Claim: 1. Carrier violated the effective Agreement when
 Track Foreman Leon Hudson was unjustly dismissed
 on November 13, 1984.

 2. Claimant Hudson shall now be paid for eight (8) hours each work clay, including any holidays falling; therein and any overtime which would have accrued to him had he not been dismissed, beginning October 15, 1984, continuing until he is reinstated to service with seniority, pass and vacation rights unimpaired. Findings: The Board, after hearing upon the whole record and all evidence, finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Board is duly constituted by Agreement dated January 5, 1959, that it has jurisdiction of the parties and the subject matter, and that the parties were given due notice of the hearing held.
 Claimant was a Track Foreman with fifteen years of service at the time of the incident giving rise to his being discharged.
 On Friday, October 12, 1984, he was operating the Gang's Motorcar, MC-189, accompanied by two Trackmen sent to work under his supervision. Claimant, at approximately 3 p.m.
 -2- ward No. 237

 while operating said Motorcar traveling north on the main line of the Tinity Subdivision, just south of Elkart, Texas, apparently, failed to safely operate said Motorcar causing a derailment of the Motorcar resulting in serious injuries both to the Claimant and one of the Trackmen accompanying him.
 A formal investigation was held in connection with this incident. As a result thereof Claimant was found to be culpable. He was dismissed from service as discipline therefor.
 The Board finds that Claimant was accorded the due process to which entitled under his Discipline Rule.
 There was sufficient evidence adduced to support Carrier's conclusion asto Claimant's culpability.
 There is no basis for the claim here. Claimant has asserted that he had suffered pain, permanent and total disability, and that he was incapable of returning to his duties. In such circumstances there can be no basis for a monetary claim. Claimant, simply stated, was unavailable therefor.
 The Board finds that the Claimant's record was good and that he had long service. It concludes without establishing a precedent thereby that if or when the Claimant is released and is determined to be medically OK that he should be reinstated to service with all rights unimpaired but as a Trackman if physically capable of working as such.
 SBA 279 -3- .Award No. 237

        However., said reinstatement will be without pay subject


        to passing the necessary physical examinations.


        Award: Claim disposed of as per findings.


              Order: Carrier is directed to make this Award effective within thirty (30) days of date of issuance shown below.


                  r


                    D.

        M. A.-Christie, Employee Member J J S annon, Carrier Member


                    Ar ur 'f. Van Wart, Chairman and Neutral Member


            Issued August 23, 1986.