PUBLIC LAW BOARD NO. 2105
Parties to dispute:
United Transportation Union
and
Union Pacific Railroad Company (T&P)
Statement of claim:
Request that Brakeman J. B. Newton, who has dismissed
from the service of the Union Pacific Railroad Company
on October 31, 1988, be reinstated with seniority and
vacation rights unimpaired and with full pay for all
time lost; declined by Director of Labor Relations in
his decision of May 23, 1989.
Opinion of Board:
Claimant was found to have responsibility in an
altercation with his engineer. The record convinces us that
permanent dismissal was excessive, but it also convinces us
that the claim for pay for time lost should be denied. Thus,
we allow the claim for return to service.
Findings:
That the Agreement was violated.
Award:
Claim sustained in part; denied in part.
Dated this 20th day of July, 1990, at Omaha NE.
Carrier is directed to make this Award effective on or
before 30 days from da
John B. Criswell, N utral
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T. L. Wilson, Sr., Ca rier Member
. A. Alford,~Organization Member