File 910601


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 C. J. Alfred was assessed 60 days actual suspension on
 May 20, 1991.

        (2) Claim in behalf of Mr. Alfred for wage loss suffered beginning May 20 - July 18, 1991.


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


        On or about July 17, 1990 the Claimant Trackman was observed as removing a case of motor oil from the fuel truck and placing it in his personal vehicle.


        A formal investigation was held thereon, April 24, 1991, on the charge of removing company property from Track Gang 9166 without proper authority while working as a trackman on Gang 9158 on the Alexandria Subdivision. As a result thereof, Carrier concluded him to be culpable. He was assessed a sixty day suspension which is here appealed.


        This was a very serious charge. The discipline imposed took into consideration the delay in holding the hearing because of an on-going internal investigation. While the Claimant was not involved therein to have held the investigation earlier could have caused serious harm to said investigation. It was for that reason, a lesser discipline was imposed.


        In the circumstances, Claimant has been treated fairly. Except for a delay the due process requirement of Rule 12 was adhered. However, no harm was demonstrated as to the Claimant's rights by such delay. This claim will be denied as per findings.

                        -2- Award No. 563


Award: Claim denied.
                        a


      a~H mmons, Jr., mp a: a lember a · exan er, Carrier ember


                  Arthur ~ an wart, Chairman and Neutral Member


Issued December 19, 1992.