File 910055


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 Track Foreman A. R. Baublit II was dismissed on
 September 26, 1990.

        (2) Claim on behalf of Mr. Baublit for removal of the 30-day deferred suspension from his record.


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


        The Claimant, Track Foreman A. R. Baublit, II, attended a formal investigation, held on September 18, 1990, on the charge:


        "...your alleged failure to comply with instructions from Manager of Engineering Maintenance Steve Hoerstkamp issued to you Thursday, July 19, 1990 while you were working as Foreman in St. Joseph, Missouri."


        Carrier concluded therefrom that Claimant was culpable. It imposed a 30 day deferred suspension as discipline therefor. The charge was most broad. The instructions issued "were to get rid of the fan." They should have been made a part of the charge. Consequently, the claim will be sustained and Claimant's record properly adjusted.


Award: Claim sustained.

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


        wrYL~Ylt.B7~.


S. A. Hamnons, r., Employee em er R.O. Rock, carrier Member

              Arthur an Wart, airman

              and Neutral Member


Issued April 24, 1992.