File 910025


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 Machine Operator S. Harris was suspended from service
 on July 12, 1990.

        (2) Claim on behalf of Mr. Harris for wage loss suffered, beginning August 1, 1990 through and included October 29, 1990.


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


        The Claimant, Machine Operator, S. Harris, following a formal investigation held on July 3, 1990 on the charge:


        "...reported collision between the DBS-8901 and the ATS219T, while you were working on tie gang 9165, on the Longview Sub Division near M.P. 12.50 at approximately 1:30 PM on Friday, June 15, 1990."


        The Carrier concluded therefrom that he was culpable of the charges placed against him. A 90 day actual suspension was imposed as discipline therefor.


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


        There was sufficient evidence adduced to support Carrier's conclusion as to Claimant's culpability. The record reflected that Claimant's machine struck the other stopped machine causing approximately $30,000 - $35,000 worth of damage. The Claimant's machine, after being tested, revealed it could have been stopped at approximately 7 pole lengths. Hence, if the machine had been operated at 15 MPH, as contended, it should have only taken 1 to 2 pole lengths to stop the machine. The Claimant's defense that the brakes were bad and had been reported the night before the incident, even if true, does not remove responsibility for the Claimant's necessary compliance with the rules.

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                                -2- Award No. 516


              Notwithstanding, the discipline will be reduced to sixty (60) days actual suspension. The claim will be adjusted therefor.


        Award: Claim disposed of as per findings.


              Order: Carrier is directed to make this Award effective within thirty (30) days of date of issuance shown below.


              S. A. a Pons, Jr., mp o hem er R. 0. Rock, Carrier Member


                      Arthur T. Van Wart, Chairman and Neutral Member


Issued March 24, 1992.