SPECIAL BOARD OF ADJUSTMENT NO. 279
Award No. 358
Case No. 358
File No. 870738
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 Trackman Nathan Blanson was as
sessed a 30 day deferred suspension.
Claim in behalf of Trackman Blanson to remove
the 30 day deferred suspension from his personal
record."
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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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 Blanson was afforded a fair and,impartial hearing; however, the Board
does not find compelling evidence on the record that Claimant was
any more culpable than Carman McDonald for the mishap which
occurred on May 20, 1981.
In light of all the circumstances obtaining, the Board finds
that the deferred suspension assessed Claimant should be reduced
to a Letter of Reprimand.
Award: Claire sustained, in part, as per findings..
Order: Carrier is directed to make this Award effective
within thirty (30) days of date of issuance.
r!
i ~-y -
S. . ammons, Jr. D. A. Ring
Employee Member Carrier Member
ur T Van Wart, ~ Chairman
and Neutral Member
Issued on theJ day of , 1989
at
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