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                        File 910075


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 L. 0. Brossett was dismissed on
September 13, 1990.

        (2) Claim on behalf of Mr. Brossett for wage loss suffered, beginning November 1, 1990 until November 30, 1990.


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


        Claimant, Machine Operator L. 0. Brossett, attended a formal investigation, on November 8, 1990, on the charge:


        "...you misappropriated company property for your personal use whereby you used and removed battery from ATS78 tamper at Palmetto, Louisiana."


        Carrier concluded therefrom that Claimant was culpable. He was assessed a thirty (30) day actual suspension as discipline therefor.


        Claimant was accorded the due process to which entitled under Rule 17.


        There was sufficient evidence adduced, including the admissions of Claimant, to support the Carrier's conclusion as to Claimant's culpability. No matter which way the facts and the situation are viewed the Claimant took the extra battery off the property without authority.


        The discipline imposed was reasonable and in keeping with Claimant's long service. The claim will be denied.


Award: Claim denied.

                              ~sc~ 41

'S. A. Hamnons, Jr. ,m oy~ a Mem er R~Rock Carrier Member

                Arthur . Van Wart, airman and Neutral Member


Issued April 24, 1992.