SPECIAL BOARD OF ADJUSTMENT N0. 279
Award No. 438
Case No. 438
UP File 890753
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Union Pacific Railroad
(Former Missouri Pacific Railroad Company)
Statement
of Claim: Claim for and on behalf of Trackman J. L. Anderson, Jr.,
S.S.#498-62-7237, for eight (8) hours each work day
including any over time and holidays, that would have
accrued to him, had he not been suspended August 29 -
October 20, 1989.
Findings: The Board has jurisdiction by reason of the parties
Agreement establishing this Board therefor.
The Claimant Trackman, following a formal
investigation, held on August 3, 1989, on the charge of
absenting himself without authority on Friday, June 16,
1989, from his position as Trackman on Gang 2800 at
Angleton, Texas, was assessed a thirty (30) day actual
suspension. Because the Claimant had been previously
assessed a thirty (30) day deferred suspension on May 1,
1989 and for which he had served only eight (8) days
thereof, the Claimant was required to serve said thirty (30)
days plus the remaining sentence thereof or a total of
fifty-two (52) days.
The Claimant was accorded the due process to which
entitled under his agreement.
There was sufficient evidence adduced, including the
admissions of Claimant, that he had been informed of the
proper procedure to follow in order to obtain proper
authority to be absent and that he did not receive proper
authority to be absent June 16th, to support Carrier's
conclusion as to the Claimant's culpability for the charge
placed against him.
The discipline, in light of Claimant's problem of
absenteeism, is deemed reasonable. This claim will be
denied.
Award: Claim denied.
S.~
ammons, Jr. Emp yee Member
G
AA thu~Wart, Chaif`fiiah
and Neutral Member
Award No. 438
D. A. Ring, Car
IQ
ember
Issued December 19, 1990.