File 900517


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

 Statement
 of Claim: Claim on behalf of M. R. Reyes-, SSN 453-60-3176, who was
 suspended May 23, to July 6, 1990, account damages occurred
 Company vehicle #6991.

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


        The Claimant was notified under date of May 23, 1990 to attend a formal investigation on May 29 on the charge:


            "...the damage incurred on Company unit No. 6991 at approximately 5:10 P.M., on May 22, 1990, while you were working as Trackman/Driver on Gang 2806 in the vicinity of Mile Post 229 between Placedo and Keeran..."


        As a result thereof, Carrier concluded he was culpable of the charge and assessed the 45 day deferred suspension here appealed for his failure to operate a Company vehicle safely.


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


        There was sufficient evidence adduced including the admissions against interest by Claimant that he hit the bridge with the vehicle while in a backing up movement causing the truck to overturn and that he did not do all that he could to prevent injury to himself and avoid damage to the vehicle. Such admission of guilt obviates any need to inquire further into the merits of the case.


        In the circumstances, the discipline is found to be reasonable. This.claim will be denied.


Award: Claim denied.

 1I~· M'Y s
 S. A. Hammon rT., Emp~oy~ Member er

                      Arthur T. Van tar , Chairman and Neutral Member


Issued October 26, 1991.