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 Agreement, especially
      Rule 12, when Tie Gang Foreman B. R. Scott was as

      sessed a 30 day actual suspension.


      Claim in behalf of Foreman Scott for eight hours each work day, including any overtime that would have accrued to him had he not been assessed a 30 day actual suspension. Claim beginning February 23, 1987 and continuing through March 27, 1987. This includes 2 days he was dismissed from service pending investigation."


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

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atva,L~ 7~0

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 review of the record in this case reveals that Claimant Scott was afforded a fair and impartial hearing.

There is substantial evidence on this record to support the Carrier's finding of guilt on the the charges preferred; however, as for the proper measure of discipline, the record indicates that Claimant has established an unblemished record during his eight years of service. !n consideration of these mitigating factors, the Board finds that the sanction imposed (30 days actual suspension) should be reduced to a thirty (30) days deferred suspension.


Award:

 Order:

 . A. Hammons, Jr.
 Employee Member

 Claim sustained, in part, as per findings.

 Carrier is directed to make this Award effective

 within thirty (30) days of date of issuance.

 D. A. Ring
 Carrier Member ~\

          Arthur T. Van Wart, Chairman and Neutral Member


Issued on the ~ day of ~~, 1989