File No. 880228


      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 Welder Helper J. A. Mendez was assessed a fifteen day

          deferred suspension.


          Claim in behalf of the above employe for removal of the fifteen day deferred suspension."


      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 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.


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      A review of the record in this case reveals that Claimant Mendez was afforded a fair and impartial hearing on the charges preferred.

      With regard to the issue of Claimant's guilt or innocence, the record contains sufficient probative evidence (including Claimant's admissions) to support Carrier's culpability determination in this case.

      This Board is not unmindful of the fact that Carrier is entitled to prompt and factual injury reporting from its employes; however, the nature of the injury in this case combined with Claimant's unblemished prior disciplinary record, urges the Board to conclude that the discipline assessed Claimant Mendez should be reduced to a Letter of Reprimand.

      The result reached herein is confined to the particular circumstances present in this case and should not be construed as a precedent for deciding future such cases.


          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.


      S. A. Hammons, Jr. D. A.-Ring

      Employee Member Carrier Member


                  Arthur T. Van Wart, Chairman and Neutral Member


          issued on the /(y day of 1.,~-,~ ,~,~,u /~,~ , 1989 at


A391 SBA279