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                              14 File 910546

                              Docket No. 556


        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 R. D. Whitson was assessed 30 days deferred

        suspension.


              (2) Claim in behalf of Mr. Whitson for the removal of the 30 days deferred suspension.


              Findings: The Board has jurisdiction by reason of the parties Agreement establishing this Board for that purpose.


              The Claimant, Assistant Foreman - Gang 9162, R. D. Whitson, was notified by W. A. Huber, Manager of Track Programming that as a result of the formal disciplinary investigation held April 12, 1991, on the charge:


              "You allegedly failed to follow my instructions when told to attend the safety lunch for gang 9162 in which you made yourself absent...


              I have found more than a sufficient degree of evidence was presented to warrant sustaining all charges brought against you.


              In consideration of the severity of the offense, your record will be assessed a thirty (30) day deferred suspension."


              The record reflects that arrangements have been made to have a safety luncheon for Gang 9162 on March 7. The Gang was shut down around noon and a luncheon served at a restaurant near Russellville, Arkansas.


              The luncheon was not only a typical safety meeting but it also was one in which to give the Gang a "pat on the back" for a job well done.


              The record further reflects that the announcement therefor had been made during the morning job briefings. Claimant's defense that his attendance was not required even though the luncheon was held during his working hours lacks

r

                              -2- Award No. 556


              any support for its justification. Claimant's admissions made were against interest. The Claimant presented no sound reason for the non-compliance with specific instructions arising out of his employer/employee relationship.


              The discipline imposed for the violation thereof is deemed reasonable. This claim will be denied.


      Award: Claim denied.


            _ W

      T. . ammons, r., Employee member R# y Alexander-, Carrier em er


                                  J

                                      ~ L


Arthur · an Wart, airman

and Neutral Member


Issued December 19, 1992.