UP File 890756


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

 Statement
 of Claim: Claim of Track Foreman J. P. Haynes, SSN 452-21-1694,
 for eight (8) hours each work day, including overtime and
 holidays that would have accrued to him had he not been
 assessed a thirty day suspension. Claim to begin August 11,
 1989 through September 2, 1989.

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

        Following a formal investigation, held at Emilia Yard Office, Beaumont, Texas, and held in absentia, the Claimant was assessed a thirty (30) day actual suspension for his responsibility in connection with operating motor car #MT19301M in a reverse movement while shoving a push car loaded with unsecured tools, while working as Section Foreman of Gang 1636 at Hull, Texas, and for violations of specified rules.


        The Claimant was accorded the due process to which entitled under Rule 12. He was properly notified but he failed to appear or request a postponement from either the Carrier or its Union representative. The failure to appear at an investigation under such circumstances does not constitute a procedural deficiency. However, the Claimant, while relying on the fairness of an investigation, is subject to any deficiencies that his absence might place on the record. He is nevertheless bound by the result thereof providing that it was a fair hearing.


        There was sufficient evidence adduced to support Carrier's conclusion as to Claimant's culpability.


        The discipline assessed in view of this record is deemed reasonable. This claim will be denied.

                        -2- Award No. 441


Award: Claim denied.

 S: P~-'.J
      Il'ammons,- Ur. Emp'j.6yee Member D. A. Ring, Carri r M ber


A thur T. Van Wart, Chairman

and Neutral Member


Issued December 19, 1990.