UP File 890700


Parties Brotherhood of Maintenance of Way Employees
 to and
 Dispute Union Pacific Railroad
 (Former Missouri Pacific Railroad Company)

 Statement
 of Claim: Claim and appeal on behalf of J. D.Townsend, Welder/
 Helper, S.S.#497-66-9880, for eight (8) hours per day at the
 straight time rate of pay, any overtime and holiday pay, and
 additional expense incurred by Claimant that would normally
 be provided by Carrier Health and Welfare benefits, to begin
 September 1, 1989, and continue until all charges are
 removed from Claimant's personal record and reinstated to
 service with all rights unimpaired.

 Findings: The Board has jurisdiction by reason of the parties
 Agreement establishing this Board therefor.

        The Claimant Welder/Helper was withheld from service on September 1, 1989 pending the holding of a formal investigation in connection with his involvement in an on duty altercation on August 31, 1989 at 1:30 PM at Valley Park, Missouri.


        The Claimant and his Supervisor reached an understanding, confirmed under date of October 5, 1989, with the understanding that there was to be no compensation for the time withheld from service and no discipline was to be assessed. The Claimant was returned to service on September 21, 1989.


        Absent a showing otherwise, Claimant was handled in accordance with an understanding reached. Therefore, this claim will be denied.


Award: Claim denied.

                                      0


. A. ons, r. Employ -'-'/Member 0. A: Ring, C r,\ r Member

Arthur T. Van Wart, Chairman

and Neutral Member


Issued March. 20, 1991.