Parties Brotherhood of Maintenance of Way Employees

to and

Dispute Union Pacific Railroad

(Former Missouri Pacific Railroad Company)

Statement

of Claim: Claim on Trackman C. L. McKin~on, SSN 460-86-1713,

for eight (8) hours each work day, including overtime and

holidays, that would have accrued to him had he not been

assessed fifteen (15) days suspension from November 21

December 5, 1989 and that this discipline be removed from

his personnel record.

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

The Claimant, following a formal investigation held at the B&B Maintenance Office, San Antonio, Texas, on November 16, 1988, on the charge of his allegedly failing to protect his assignment as Trackman on Gang 2840 on October 24, 25, 26, 30, and 31, 1989 and also on November 7, 8, and 13, 1989 and a review of his past work record was concluded to be culpable and Carrier assessed a fifteen (15) day suspension as discipline therefor.

Claimant was accorded the due process to which entitled.

There was sufficient evidence adduced to support Carrier's conclusion as to Claimant's guilt. Despite the rationale advanced by the Claimant as to family problems they do not serve to relieve him of his responsibility to properly notify either his foreman or supervisor of his absence or of his desire to get authorization to be off. If reliance was put on another employee to relay information to his Foreman such method made it totally improper and inconsistent with the rule.

The discipline is reasonable. This claim will be denied.

-2- Award No. 466

v

Pad. P~e

Arthur T. Van Wart, Chairman

and Neutral Member