SPECIAL BOARD OF ADJUSTMENT NO. 279
Award No. 304
Case No. 304
File No. 247-7443
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute: Union Pacific Railroad Company
(Former Missouri Pacific Railroad Company)
Statement
of
Claim:
"Carrier violated the current working Agreement,
especially Rule 12, when the personal record of
Assistant Foreman J. H. Moncivais was assessed a
15-day actual suspension.
Claimant Moncivais shall now be allowed eight
hours pay for each workday beginning July 23, 1986
through August 6, 1986."
Findings:
The Board, after hearing upon the whole record and
all evidence, finds that the parties herein are carrier
and Employee within the meaning of the Railway Labor
Act, as amended, that this Board is duly constituted by
Agreement dated January 5, 1959, that it has
jurisdiction of the parties and the subject matter, and
that the parties were given due notice of the hearing
held.
The claimant was afforded a fair and impartial
hearing. Claimant is employed to perform his duties at
certain established times. The evidence reveals that he
was aware of those responsibilities, but chose instead
to imprudently rely on others to meet his obligations.
In light of all the circumstances obtaining, the Board
finds that a 5-day disciplinary suspension is a more
appropriate sanction for the infraction involved.
Award: Claim sustained, in part, as per findings.
Order: Carrier is directed to make this Award effective
within thirty (30j days of date of issuance
shown below.
S. A. Hammons, J. J. Shannon
Employee Member Carrier Member
~~GGiS ~~-~(i
Arthur T. Van Wart, Chairman
and Neutral Member
Issued: ~° , /j