SPECIAL BOARD OF ADJUSTMENT NO. 279
Award No. 321
Case No. 321
File No. 247-7300
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute: Union Pacific Railroad Company
(Former Missouri Pacific Railroad Company)
Statement
of
Claim:
"Carrier violated the current working Agreement,
especially Rule 12, when Trackman J. W. Dyer, SSN:
415-98-7600, was dismissed from the service
effective May 2, 1986.
Trackman J. W. Dyer shall- now be allowed
compensation for all time lost, including any
holidays and overtime that have occurred during
his suspension as a result of the investigation
held in Jefferson City, Missouri, on April 30,
1986."
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.
been presented with evidence that
leniency reinstatement agreement on
waiving any and all claims for lost
during his suspension from Carrier's
as a result of an investigation held April
30,
1986. Therefore, given that Claimant has fully released
the Carrier from all liability, there is no dispute
properly before this Board. The claim fails for lack of
substantive jurisdiction.
The
Claimant
September
wages and
service
Board has
signed a
12, 1986
benefits
Award: Claim dismissed per findings.
S. A. Hammons,
Employee Member
J. J. Shannon
Carrier Member
Arthur T. Van Wart, Chairman
and Neutral Member