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SPECIAL BOARD OF ADJUSTMENT NO. 279
Award No. 528
Docket No. 528
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.