File 247-6806


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

Statement
of Claim: (1) Carrier violated Agreement Rule 12 when it dismissed
Track Foreman R. Giddens on July 16, 1984.

        (2) Claimant shall now be allowed eight (8) hours each workday, including any holidays falling therein and any overtime which would have accrued to him beginning July 16, 1984, and continuing until reinstated to service with seniority, pass and vacation rights unimpaired.


    The Board has jurisdiction of this case.


Claimant Track Foreman, following a formal investigation on the charge: "...with the report of your alleged failure to comply with Chief Engineer's instructions and Maintenance of Way General Order 58..."

was dismissed from service as discipline therefor.

There was sufficient evidence adduced, including the admissions of Claimant, to support Carrier's conclusion as to Claimant's culpability. CT5 and 11. Claimant's failure to follow the instructions resulted in the derailment of 17 cars and the destruction of 11 rails of main line. The fact that no lives were lost was not attributable to Claimant.

In the circumstances, the discipline imposed is not deemed unreasonable. This claim will be denied.

Award: Claim denied.

. Hamnons, Jr., Emp o e Member S annon, Carrier Member

Arthur T. Van Wart, Chairman

and Neutral Member


Issued May 28, 1988..