SPECIAL BOARD OF ADJUSTMENT N0. 279
Award No. 280
Case No. 280
File 247-7120
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Union Pacific Railroad Company
Statement
of Claim: (1) Carrier violated the agreement when Trackman F. L. Scott
was dismissed from the service effective December 20, 1985.
(2) Claimant Scott should now be allowed eight hours pay for
each workday, including any holidays falling therein, and any
overtime which would have accrued to him, beginning December
4, 1985, continuing until he is reinstated to service with
seniority, pass and vacation rights unimpaired.
The Board has jurisdiction of this case.
Claimant Trackman failed to protect his assignment from August
16, 1985 until December 4, 1985. He was, therefore, notified to
attend a formal investigation on December 4, 1985. It was held on
December 18, 1985 and, because Claimant failed to appear after a
delay, it was held in absentia.
Claimant had talked to the Roadmaster on December 4 and advised
that he had not worked because he had car trouble, a shortage of money
and that he had to attend to personal business.
The record supports the Carrier's decision to separate Claimant
from service. The Board cannot furnish the incentive which Claimant
is lacking. His continued lack of interest caused~the Board to deny
the claim.
Award: Claim denied.
ammons. Jr.,Empl ee Member . J anon, Carrier Member
Arthur T. Van Wart, Chairman
and Neutral Member
Issued May 28, 1988.