SPECTAL BOARD OF ADJUSTMENT N0.
279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
MISSOURI PACIFIC RULROAD COMNY
STATEMENT
OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier failed to prove the charges of insubordination
against Extra Gang Laborer Elton Hamilton and that his dismissal from service on March 11,
1959,
was unwarranted and
unjustifiable.
(2)
Extra Gang laborer Elton Hamilton be now reinstated to the
service of the Carrier vrith full seniority rights unimpaired
and be paid for time lost subsequent to his dismissal from
service referred to in part one of this claim.
FINDINGS
: The claimant was dismissed on March 11,
1959,
for insubordination. The
record of the hearing conducted on March
20, 1959,
does not contain
substantial evidence to support that charge.
It is clear that the foreman was insisting that the claimant acknowledge
that he was standing by the fire and would not do so again, whereas the claimant
several times denied that he had been standing at the fire, thus when the foreman
told him that he wanted to know if he was going to stay away from the fire and go
to work, we cannot say that the claimant was insubordinate by answering that he had
not been at the fire.
Accordingly, we find that the claimant should be reinstated with
seniority rights unimpaired and with pay for time lost, less earnings in other
employment and unemployment compensation received meanwhile. It should be noted
that the employe and the organization under such findings are obligated to disclose
the earnings of the claimant and by whom he has been employed. '
AWARD
: Claim sustained to the extent stated in the Findings.
SPECIAL BOARD OF ADJUSTMENT N0.
279
(s) Dudley E. Whiting
Dudley E. Whiting - Chairman
(s) A. J. Cunningham (s) G. W. Johnson
A. J. Cunningham - Employe Member G. W. Johnson - Carrier Member
St. Louis, Missouri
August
9, 1962
File
247-3772