SPECIAL BOARD OF ADJUSTMENT NO. 280
Award No. 132
Case No. 212
PARTIES TO DISPUTE:
St. Louis - Southwestern Railway
and
Brotherhood of Maintenance of Way Employees
STATEMENT OF CLAIM:
"I. Carrier violated the Maintenance of Way
Agreement, especially but not limited to Rule -
6 - Discipline and Grievances, when Laborer
Leroy Hampton was unjustly and improperly
dismissed without investigation of cause,
on March 12, 1976.
"II. Mr. Leroy Hampton be reinstated with all
seniority, vacation and other rights unimpaired,
with pay for all time lost beginning March
15, 1976."
FINDINGS:
Claimant was charged with being absent on March 12,
1976, without proper authority. After investigation and hearing,
Claimant was dismissed from Carrier's service.
After reviewing the record, the Board finds that
while Carrier was warranted in its determination that Claimant
violated the rules, there were extenuating circumstances that
it-takes this dismissal from service excessive. The Board feels
that Claimant should be given "one last chance".
Accordingly, Claimant shall be restored to service
with seniority unimpaired, but with no pay for time lost.
AWARD
Claim disposed of per findings.
,_, Award No. 132
. SfiA
280
.
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Ne0'ral Member
Carrier mber Organization Member
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Date