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    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 J. H. Moore was suspended from service

    on September 14, 1990.


          (2) Claim on behalf of Mr. Moore for wage loss suffered, beginning September 17, 1990 until November 15, 1990.


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


            Claimant, Machine Operator J. H. Moore, following a formal investigation held on September 10, 1990 on the charge:


          "...with (1) your alleged collision between the TMT189 and BR65M on August 3, 1990; (2) your alleged know ledge and negligence in reporting this accident; and (3) your alleged dishonesty in providing the details of this accident while you were working as Machine Operator..."


            The Carrier concluded that Claimant was culpable and imposed a 60 day actual suspension as discipline therefor.


              Claimant was accorded the due process to which entitled

            under discipline Rule 12.

            There was sufficient evidence adduced, including the

            admissions of Claimant against interest, to support

            Carrier's conclusion as to his culpability. The Claimant,

            who was operating machine BR65M, on August 3, 1990, admitted

            that he had collided with machine TMT189 and that he did not

            report this accident simply because there was "no great deal

            of damage and no one was hurt." Although MTM W. A.

            Waquespack came to the scene of the accident, however,

            neither Machine Operator chose to report the collision to

            him at that time.


            Notwithstanding, the discipline will be reduced to thirty (30) days actual suspension.

N

                                -2- Award No. 517


        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.


            ammons, r., Em p ee Member R. 0. Rock, Carri

            e4' A~D er Member


                      `~Arthur T. van arty ,Chairman and Neutral Member


Issued March 24, 1992.