SPECIAL BOARD OF ADJUSTMENT N0. 279
Award No. 254
Case No. 254
File 247-6687
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Union Pacific Railroad Company
Statement
of Claim: (1) Carrier violated Agreement Rule 12 when Trackman
S. R. Myers was dismissed from the service effective
October 3, 1983.
(2) Mr. Myers shall now be reinstated with seniority
rights, pass privileges, and vacation rights unimpaired,
and he shall be allowed compensation for all time lost.
The Board has jurisdiction of this case.
Claimant Trackman, following a formal investigation on September
21, 1983, was discharged for failing to follow the work instructions
given him by Track Foreman S. D. Newby to help unload ties out of
freight car.
There was sufficient evidence adduced to support Carrier's
conclusion that Claimant was insubordinate. The defense of "safety
protection" was never mentioned at the time of the incident. Hence,
little weight was assigned to its being belatedly raised at the
investigation. The claim will be denied.
Award: Claim denied.
lartmons, Jr., Emplo a Member
Issued May 28, 1988.
Arthur T. Van Wart, Chairman
and Neutral Member