UP File 890022


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

Statement
of Claim: Claim on behalf of Work Equipment Mechanic Larry W.,
Botner, SSN 437-94-5596, for eight (8) hours each work day,
including any overtime and holidays, that would have accrued
to him had he not been dismissed. Claim beginning September
12, 1989 and continuing until he has been reinstated with
seniority, vacation and all other rights unimpaired.

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

        Claimant Trackman, following a formal investigation held at Sosan Depot, San Antonio, Texas, on September 20, 1989, on the charge of allegedly falsifying motel receipts on six specified dates in July and two days in August and for falsification of meal receipts on three specified dates in July and five specified dates in August, was found culpable and discharged from service as discipline therefor.


        Claimant was accorded the due process to which entitled under Rule 12 - Discipline.


        There was sufficient evidence adduced, including the admissions of Claimant that he had in fact turned in receipts which did not accurately reflect his expenses, to support Carrier's conclusion as to Claimant's culpability. The evidence included showing that they were not normal receipts, that they were not valid or proper receipts, that they were altered dates and discrepancies such as multiple meals purchased within minutes of each other.


          The discipline in view of this record will be denied.


Aw d: Claim denied.

        moms, r. Em oyee Member D. . Ring, ar ie em er


                  Arthur T. Van Wart, Chairman and Neutral Member


Issued December 19, 1990.