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 J. A. Thomas was assessed

      a 30 day actual suspension.


      Claim in behalf of Trackman Thomas for eight hours each work day, including any holidays falling therein, and any overtime that would have accrued to him had he not been assessed a 30 day actual suspension. Claim beginning June 23, 1987 and continuing until July 22, 1987."


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 Thomas was afforded a fair and impartial hearing.

There is substantial evidence on the record that Claimant was guilty of the charges preferred.

Due to the seriousness of the offenses, and finding no mitigation on the record before it, the Board finds that Carrier's decision to assess a disciplinary suspension was not unreasonable, arbitrary or capricious and will be upheld.


Award: Claim denied.

S. A. Hammons, Jr. Employee Member

AD a

D. A. Ring
Carrier Mer

Arthur T. Van Wart, Chairman and Neutral Member

      Issued on the i~`2 day of :ez~ , 1989


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