Carrier File No. 860077


Parties Brotherhood of Maintenance of Way Employes
 to and
 Dispute Union Pacific Railroad

 Statement of Claim: (1) Carrier violated Agreement Rule 12 in dismissing B&B Carpenter J. R. Price, Jr. effective September 18, 1986.

      (2) Claimant Price shall now be allowed eight (8) hours each work day, including any holidays falling therein beginning September 4, 1986, continuing until reinstated to service with seniority, pass and vacation rights unimpaired.


    The Board has jurisdiction of this case.


Claimant, as of July 1986, was a Carpenter Helper with two years of service. He was one of three, employees instructed by his Foreman to jointly remove a water tank (weighing 80 lbs.) from the bed of a truck. Claimant chose to remove it by himself and in the process injured his back. Following a formal investigation, Claimant was dismissed from service for discipline for not following Carrier's rules in the handling of the water tank.

 The evidence adduced suggests that Claimant failed to properly performed his assigned tasks in performance with Carrier's rules.

 However, the discipline imposed therefor if permitted to remain would be arbitrary and capricious. Therefore, Claimant is reinstated to service with all rights unimpaired but without pay for time out of service subject to his passing the necessary return to service examinations.

 Award: Claim disposed of as per findings. ;

      Order: Carrier-Is directed to make this Award effective within thirty (30) days o date of issuance shorn below.


S. ammons, r., mp oy Member ~.::-Shan on, Carrier Member

                  Arthur an Wart, Chairman

                  and Neutral Member


                      Issued may 4, 1988.