SPECIAL BOARD OF ADJUSTMENT NO. 279
Award No. 309
Case No. 309
File No. 247-7323
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 on March 26, 1986, it
assessed a 15-day actual suspension against the
personal record of former Track Foreman K. L.
Harmon, SSA: 499-62-0839.
Claimant Harmon shall now be allowed compensation
for all time lost including any holidays and
overtime that would have occurred during his
suspension."
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.
A careful review of the record discloses that
Claimant was afforded a fair and impartial hearing.
However, the record does not contain sufficient
probative evidence to support the culpability
determination made by Carrier. As a result, this Board
has no alternative but to set aside the 15-days
disciplinary suspension assessed Claimant K. L. Harmon
on March 26, 1986.
Award: Claim sustained as per findings.
Order: Carrier is directed to make this Award effective
within thirty (30) days of date of issuance
shown below.
S. A. Hammons, J. J. Shannon
Employee Membe Carrier Member
l~ e-e
Arthur T. Van Wart, Chairman
and Neutral Member
Issued: