UTU CASE N0. AG404-528-83 UP FILE N0. 1219525D



Parties to Dispute: Union Pacific Railroad Company
 (formerly Chicago & North Western Railway Co.)
 and
 United Transportation Union
 Statement of Claim: Claim of Collector Michael E. Gulley for reinstatement with vacation and
 seniority rights unimpaired as a result of investigation of January 10, 2000.
 Findings: When a passenger attempted to evade paying fare on December 3, 1999, and
 verbally abused Claimant, an altercation ensued. While there is some basis for a
 charge of Rule 1.6, the record is replete with testimony that in this contest of wilts,
 the Claimant was not the instigator- He is to be returned to work on a leniency
 basis, but without back pay.
 Award: Claim sustained in part.

J BABLER
 Organization Member

 Date ,~-~. ,,;-=°c' .
 Memphis; Tin essee

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