Docket No. 552


Parties Brotherhood of Maintenance of Way Employes
 to and
 Dispute Union Pacific Railroad Company
 (Former Missouri Pacific Railroad Company)

 Statement
 of Claim: (1) Carrier violated the Agreement, especially Rule 12,
 when J. C. Trujillo and R. A. Herrman were dismissed from
 service on April 12, 1991.

        (2) Claim in behalf of Messrs. Trujillo and Herrman for wage loss suffered beginning April 12, 1991, until reinstated with seniority, vacation and all other rights unimpaired.


Findings: The Board has jurisdiction by reason of the parties
 Agreement establishing this Board for that purpose.
 The Claimants, on April 12, 1991, were working as
 Machine Operators. Operator Trujillo was operating a Tamper
 and Operator Herrman was on the most eastern machine. He
 began moving the Ballast Regulator last. Claimant Trujillo
 also began moving his Tamper east properly spaced behind the
 Ballast Regulator. Somewhere in the vicinity of MP 705, at
 Pole 20, Mr. Herrman on the first machine (Ballast
 Regulator), after advising Claimant Trujillo that he was
 stopping and for which he never received a reply, stopped
 his machine. Claimant Trujillo continued moving east. He
 was unaware that Herrman had stopped in front of him until
 he was some 2 or 3 pole lengths from the Ballast Regulator
 at which time Trujillo saw said machine and attempted to
 stop. When Trujillo applied the brakes of the Tamper, the
 Tamper slid and although Claimant Trujillo yelled on the
 radio for Herrman to move, he did not. A collision with the
 Ballast Regulator occurred.
 As a result of the investigation held in connection
 therewith, on April 16, 1991, both Claimants were found to
 be culpable. They were dismissed from service as discipline
 therefor.
 Claimants were accorded the due process to which
 entitled under Rule 12.
                        -2- Award No. 552


        There was sufficient evidence adduced to support Carrier's conclusion of the Claimants' culpability.


        In the circumstances prevailing, the discipline was unreasonable. It will be reduced to thirty (30) days actual suspension. Mr. Trujillo will be allowed the difference between the thirty (30) days and the time lost including the time held out of service. Mr. Herrman is not entitled to any payment as he is still out of service because of his injury.


Award: Claim sustained as per findings.

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


    . Hammons, r., Employee Member Ka y A. exander, rrier tember


                    huy-T.-an~P"1Ja~hairm

                      fin` and Neutral Member


Issued January 8, 1993.