File 900653


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

 Statement
 of Claim: (1) Carrier violated the Agreement, especially Rule 12,
 when B&B Carpenter J. R. Price received a 30-day deferred
 suspension on August 2, 1990.

        (2) Claim on behalf of Mr. Price that all reference to this incident be stricken from his personal record.


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


        The Claimant, B&B Carpenter J. R. Price, following a formal investigation, held on July 30, 1990, on the charge:


        "...you were displaying quarrelsome and threatening action as well as directed racial derogatory remarks against your fellow employees while working as B&B Carpenter on Gang No. 1203 near Austin, Texas, on Wednesday, July 11, 1990."


        was found to be culpable of the charge. He received a 30 day deferred suspension on August 2, 1990 as discipline therefor.


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


        There was sufficient clear, competent and probative evidence adduced to support the Carrier's conclusion of Claimant's culpability. The law of the land and the Carrier's policies in connection therewith for carrying out that law, as well as an employee's self-interest in maintaining a harmonious relationship among the employees, requires that an employee, such as the Claimant, who makes racially derogatory, threatening and quarrelsome remarks, either must change drastically or face the one means of eliminating that particular human relationship problem.

Award No. 509

 Consequently, the Board concludes that the discipline imposed in light of the circumstances and the facts of this case was most reasonable. This claim will be denied.

 Award: Claim denied.

 a moos, r., Empl e'Member R. 0. Rock, Carrier Member

            G

rthur an Wart, Chairman
 and Neutral Member

 Issued March 24, 1992.