SPECIAL BOARD OF ADJUSTMENT N0. 279
Award No. 418
Docket No. 418
File 890404
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Union Pacific Railroad Company
(Former Missouri Pacific)
Statement
of Claim: (1) Carrier violated the Agreement, especially Rule 12, when
Track Foreman M. W. Bowman was assessed a thirty (30) day
suspension.
(2) Claim in behalf of Mr. Bowman eight hours each work day
beginning February 7
through March
8, 1989.
Findings: The Board has jurisdiction by reason of the parties
Agreement establishing this Board for that purpose.
Claimant, on January 13, 1989, was assigned as a Track
Foreman with primary duties involved flagging for a
Contractor between the East end of Lake End and the West end
of Lake End, Louisiana, between the hours of 6:30 AM until
3:00 PM. The Manager of Track Maintenance, because of heavy
rains in the area the night before, had Track Foreman Randy
Salad patrol the track and instructed him to have Trackman
Moses go to Lake End and inform Claimant that he should
patrol the track between Lake End and Hexmo Junction for
high water
. Mr. Moses arrived at Lake End at approximately
10:00 AM and remained there until -approximately 2:15
awaiting Mr. Bownan's arrival. The Manager of Track
Maintenance arrived at Lake End and attempted to reach
Claimant by radio but received no response. Thus, the
Carrier concluded therefrom that the Claimant failed to
report to his job location and protect his assignment.
As a result of a formal investigation, held on February
16, 1989, Claimant was advised under date of
February 23, 1989, that his record had been assessed with 'a
30 day actual suspension for discipline for violation of
General Rules B and Rule 604 in connection with the charge
that he had falsified his time role on January 13, 1989.
Claimant was accorded the due process to
which entitled
under his discipline rule.
There was sufficient evidence adduced to support
Carrier's conclusion as to Claimant's culpability.
Testimony shows that he was assigned to that location and
that he was supposed to remain at that location.~Claimant's
Award No. 418
testimony that he was looking at switches elsewhere was not
conclusive. Carrier concluded that he was not at his place
of assignment and therefore disciplined him. The record
supports that conclusion. This claim will be denied.
Award: Claim denied.
S. . ammons, Jr. Emplo ee Member
Issued April 30, 1990.
Arthur T. Van Wart, Chairman
and Neutral Member
D. . Ring, Ca i Member
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