SPECIAL BOARD OF ADJUSTMENT NO. 279
Award No. 361
Case No. 361
File No. 870757
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
1
-?/o . .3 6i
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
at
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