Parties Brotherhood of Maintenance of Way Employes

 to and
 Dispute: Union Pacific Railroad Company
 (Former Missouri Pacific Railroad Company)
 Statement
 of
 Claim:



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.

All Claimants herein were assessed fifteen (15) days deferred suspensions for their respective alleged

I

        failures to observe Carrier's safety rules resulting in one of their number sustaining a personal injury while disembarking a Company bus on March 11, 1986.

        A careful review of the record reveals that the Claimants were afforded a fair and ,impartial hearing. However, as to the substantive merits, the Board finds that substantial evidence was not adduced at the investigation to underpin Carrier's individual findings of guilt on the charges. The Board notes that the unsafe vehicle exit procedure was observed and acquiesced in by Carrier supervisors for sometime prior to the mishap on March 11, 1986. Therefore, in light of all the circumstances obtaining, the Board finds mitigating factors which favor Claimants and will therefore set aside the sanctions imposed and direct the expungement of their individual personal records.


        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. -_


                                                  f


                                                  '.5 .2


        S. A. Hammons, Jr// J. J. Shannon

        Employee Member Carrier Member


                          Arthur T. Van Wart, Chairman and Neutral Member


    Issued: ~GZ' z ~~