SPECIAL BOARD OF ADJUSTMENT N0. 279
Parties to Dispute:

Statement

of

Claim:


Findings:

 evidence, within

 Award No. 340
 Case No. 340
 File No. 247-7318;
 247-7317

 Brotherhood of Maintenance of Way Employes

Union Pacific Railroad Company

(Former Missouri Pacific Railroad Company)


"Carrier violated the Agreement, especially Rule 12, when Work Equipment Mechanics J. E. McKinley and T. J. Perrino were each assessed a thirty-day suspension following a formal disciplinary investigation.


"Claimants McKinley and Perrino shall now be allowed compensation for all wages lost and their personal records shall be cleared of any reference to the incident."


The Board, aft

 finds that the

 the meaning of th Board is duly constituted

 i.t has jurisdiction of th the parties were given du review of the record, the

 fair and impartial hearing.

 e

 e e

 er hearing upon the whole record and all

parties herein are Carrier and Employee Railway Labor Act, as amended, that this


by Agreement dated January 5, 1959, that parties and the subject matter, and that notice of the hearing held. Upon careful


Board finds that Claimants were afforded a
 As to the substantive merits of the claims, the Board is

 constrained to find that the Carrier has not meet its burden of proof on the issue of whether or not substantial evidence exists, on the record, to underpin Carrier's determination that the Claimants were guilty of the rules violation.
 The Board finds the discipline assessed Claimants McKinley and Perrino should be set aside and their records cleared.

 Award: Claim substantiated as per findings.

S. A. Hammons, J
 Employee Membr

Arthur T. Van Wart, Chairman

and Neutral Member


J. J., Shannon
 Carrier Member