SPECIAL BOARD OF ADJUSTMENT N0. 279
Award No. 540
Docket No. 540
File 910281
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Union Pacific Railroad
(Former Missouri Pacific Railroad Company)
Statement
of Claim: 1. Carrier violated the agreement, especially Rule 12,
when Track Laborer C. L. McKinnon was assessed a thirty (30)
day suspension on February 25, 1991.
(2) Claim on behalf of Mr. McKinnon for wage loss suffered,
beginning January 3, 1991 until March 5, 1990.
Findings: The Board has jurisdiction by reason of the parties
Agreement establishing this Board therefor.
The Claimant, Track Laborer C. L. McKinnon, was
required to attend a formal investigation, held February 13,
1991, on the charge:
"...you failed to properly protect your job assignment on
January 29, 1991 6:00 AM and also January 30 and January 31,
and that you failed to gain permission to be absent these
dates, this would include a review of your previous work
history."
The Carrier found Claimant to be culpable and assessed
a thirty (30) days actual suspension as discipline therefor.
Rule 604 - Duty - Reporting or Absence, reads:
"Employees must report for duty at the designated time or
place. They must devote themselves exclusively to the
company's service while on duty. They must not absent
themselves from duty, exchange duties, or substitute others
in their place without proper authority."
The Board finds that Claimant was accorded the due
process to which entitled under Rule 12.
There was sufficient evidence adduced, including the
admissions of Claimant, to support Carrier's conclusion as
to his culpability. Claimant had previously been
counselled. The Claimant admitted that he had not asked for
permission to be off. His credibility was left in doubt by
his failure to follow through in substantiating some of the
allegations he raised.
The discipline imposed, when contrasted with the
seriousness of the violation and the record of the
individual, is found to be reasonable. This claim will be
denied.
Award: Claim denied.
. A. Hamnons, r., yee Member R. 0. Roc , arrier Member
..
Arthur T. Wart, Chairman
and Neutral Member
Issued May 27, 1992.