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SPECIAL BOARD OF ADJUSTMENT N0. 279
Award No. 490
Case No. 490
File 900382
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Union Pacific Railroad Company
(Former Missouri Pacific Railroad
Statement
of Claim: Claim of Work Equipment Mechanic R. S. Spinler, SSN 516-74
7232 for eight (8) hours each work day, including applicable
overtime and holidays, that would have accrued to him during
the period of May 14-June 12, 1990.
Findings: The Board has jurisdiction of this case by reason of the
parties Agreement establishing this Board therefor.
The Claimant was notified to attend a formal
investigation on the charges:
"...that you were allegedly insubordinate when you
failed to comply with instructions given to you by
Program Engineer of Track W. E. Smith on March 10, 1990
to report for work on Monday, March 19, 1990. In
addition, you have allegedly been absent without
authority since March 12, 1990 and continuing..."
As a result thereof, Carrier concluded him culpable and
he was assessed the discipline here appealed.
The Board finds that Agreement Rule 12 was complied
with.
There was sufficient evidence adduced to support the
Carrier's conclusion of Claimant's culpability. Clearly,
the Claimant understood the instructions given to him by
telephone on March 10, 1990. Those instructions were the
testimony of the Maintenance Engineer Smith as corroborated
by Mr. Brossette. Maintenance Engineer Smith further
contacted the Claimant on April 2. He chose not to comply
with either set of instructions. The Claimant failed to
contact any one in supervision to secure authority for his
being absent. The defense offered was just not credible.
The discipline is deemed to be reasonable. This claim
will be denied.
Award: Claim denied.
S. . Hammons, Jr., mpl ee~Member b. A. Ring, C rier ember
Arthur T. Van Van Wart, Chairman
and Neutral Member
Issued October 26, 1991.