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 Machine Operator Dwight

      Johnson was assessed a 60 day actual suspension.


      Claim in behalf of Machine Operator Johnson for eight hours each work day, including any overtime that would have accrued to him had he not been assessed a 60 day actual suspension. Claim beginning February 9, 1987 and continuing through April 9, 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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                                        a


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 Johnson was afforded a fair and inipartial hearing.


There is substantial evidence on the record to support the Carrier's determination that Claimant was guilty of the charges preferred.


However, as to the quantum of discipline assessed Claimant, the Board finds that the; punishment is disproportionate to the severity of the offense; therefore, the discipline assessed Claimant should be reduced to a thirty (30) day actual suspension and he should be paid his wage loss suffered, if any, for the period withheld from service beyond the thirty (30) day actual suspension herein ordered.


      Award: Claim sustained, in part, as per findings.

      Order: Carrier is directed to make this Award effective

      within thirty (30) days of date of issuance.

      2

710. 390

 A. Hammons, Jr.
 Employee Member

ka. ~ - -

D. A. Ring
 Carrier Member

 Arthu r T. Van Wart, Chairman
 and Neutral Member
 issued on the ~a day of
 at ~~%~. ~~t..