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

 Statement
 of Claim: 1. Carrier violated the effective Agreement when
 Trackman John G. Lee was unjustly dismissed on
 December 6, 1985.

 2. Claimant Lee shall now be paid for eight (8) hours each work day, including any holidays falling therein and for any overtime which would have accrued to him had he not been dismissed beginning December 6, 1985, and continuing until reinstated to service with seniority, vacation and all other rights restored. 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 Trackman was given a formal investigation, held on November 5, 1985, to:

        " ..Develop the facts and place responsibility, if any, that the report of you not being a safe and satisfactory employee as indicated by personal injuries reported by you for the period of December 12, 1984 to October 28, 1984, inclusive..."

                      -2- ward No. 241


As a result thereof Carrier concluded Claimant to be guilty of the charge. lie was dismissed from service as discipline therefor.
 Claimant had received some six injuries in some nine months of service. During the said nine months lie wasn't able to perform service as a result of being physically disabled in whole or part nearly fifty-seven percent of the time.
 The Carrier should not be required to retain an individual in its employment who cannot or will not perform work with safety to himself or other employees. Despite the valiant arguments of the Employees the Board will not substitute its judgement for that of the Carrier. This claim will be denied. Award: Claim denied.

 ~A. Christie, Employee Member .S annon, Carrier Member

              A ur T. Van Wart, Chairman and Neutral Member


Issued August 2a, 1986. ,.~:,ut~fV~D~
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