UP File 900128


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

Statement
of Claim: 1. Carrier violated the agreement, especially Rule 12,
when Bridge Tender E. Johnson Jr. was dismissed from service
on January 10, 1990.

        (2) Claim on behalf of Pir.Johnson .forwage loss suffered beginning December 4, 1989, until reinstated with seniority, vacation and all other rights unimpaired.


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

        The Claimant Bridge Tender, E. Johnson, Jr., was employed as such on December 2, 1989 at the San Bernard River Bridge. The Claimant left his assigned position at approximately 6:30 PM, some 3 1/2 hours prior to the end of his shift without proper authority. Afire on the San Bernard River Bridge was reported at 9:55 AM on Sunday, December 2, 1989.


        Claimant was notified to attend a formal investigation on the charge of leaving his position without proper authority. Carrier found him culpable. He was dismissed from service as discipline therefor.


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


        There was sufficient evidence adduced, to support the conclusions reached by Carrier. The Claimant admitted that he had left his assignment at 6:30 PM. He also admitted that he did not notify either the Dispatcher, or any other Company employee, that he was leaving. It was also testified that the Claimant admitted to the Manager of Truck Maintenance that he had taken upon himself to leave the bridge prior to his quitting time and he gave no excuse /reason, at that time, for his actions.


        The discipline assessed in the circumstances is not deemed unreasonable. This claim will be denied.

Claim denied.

m

A. Hammons, J r., Empl ee Member . A. Ring, Carr a ember

Arthur T. Van Wart, Chairman

and Neutral Member


Award No. 465

Issued March 20, 1991.