PUBLIC LAW BOARD NO. 3241

National Mediation Board

Case No. 42
Award No. 42

and

In the Matter of:

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES,

Organization,

UNION PACIFIC RAILROAD COMPANY,

Carrier.

Administrator

Hearing Date: June 4, 1992
Hearing Location: Sacramento, California
Date of Award: April 16, 1993

MEMBERS OF THE BOARD

Employes' Member: C. F. Foose
Carrier Member: D. A. Ring
Neutral Member: John B. LaRocco

ORGANIZATION'S STATEMENT OF THE

1. That the Carrier violated the provisions of the current Agreement

when it suspended System Tamper Operator Michael W. Stokes

for thirty days actual. Said action being based on unproven

charges is capricious and in abuse of discretion.

2. The Carrier shall now be required to reinstate Claimant to his

former position with seniority and all other rights restored

unimpaired with compensation for all wage loss suffered and his

record be cleared of all charges.

Public Law Board No. 3241 Page 2
Case No. 42, Award No. 42

Since Claimant had just been disciplined for a similar offense, a thirty-day suspension

was an appropriate penalty for Claimant's failure to obtain proper authority for his absence from

April 18 through April 21, 1989.

AWARD AND ORDER

Claim denied.

Dated: April 16, 1993

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G. F' Foose D. A. in

Employees' Member Carrie,\" er

John B. LaRocco

Neutral Member

a:3241.42