SPECIAL BOARD OF ADJUSTMENT N0. 279
Award No. 357
Case No. 357
File 8707356
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Union Pacific Railroad
(Former Missouri Pacific Railroad Company)
Statement
of Claim: (1) Carrier violated the Agreement, especially Rule 12,
when Trackman Eugene Wallace was assessed a 30 day actual
suspension.
(2) Claim in behalf of Trackman Wallace to remove the 30
days actual suspension from his record with pay for wage
loss suffered and restore his seniority, vacation, and all
other rights due him unimpaired.
Findings: The Board has jurisdiction by reason of the parties
Agreement establishing this Board.
Claimant Trackman Eugene Wallace while working as such
on Extra Gang 1077 in Memphis, Tennessee, allegedly injured
himself at MP 385 at 11:00 AM on May 8, 1987. However, he
failed to properly report the alleged injury until
approximately 11:00 AM on May 26, 1987.
As a result a formal investigation was held in
connection therewith and as a result Claimant was assessed a
thirty day actual suspension.
There was sufficient evidence adduced, including the
admissions of Claimant that he had not reported his personal
injury to a supervisor, to support Carrier's conclusion as
to his culpability. The discipline assessed is found to be
reasonable. This claim will be denied.
Award:
laim denied.
Hamffo-rnd~; Jr , mployee Member
G~
rthur TT. Wart, Chairman
and Neutral Member
Issued SeptembL·r 30, 1989.
D. A. Ring, Cari