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

 Statement
 of Claim: (1) Carrier violated the Agreement, especially Rule 12,
 when Messrs. Rodabaugh and Banks were assessed 15 days
 actual suspension.

        (2) Claim in behalf of Messrs. Rodabaugh and Banks for wage loss suffered July 24 - August 7, 1991.


Findings: The Board has jurisdiction of this dispute by reason
 of the Parties Agreement establishing this Board therefor.
 The Claimants, Foremen J. L. Rodabaugh and Teddy Banks,
 Jr., attended a formal investigation on July 15, on the
 charge:
 "The derailment of the CWBJR-06 near MP 421.4, Coffeeville
 Subdivision, Van Buren Service Unit, which was caused by
 thermal misalignment."
 As a result thereof, Carrier concluded Claimant Foreman
 to be culpable and imposed the discipline here appealed.
 The Claimants were accorded the due process to which
 entitled under Rule 12. There was no error so egregious as
 to be cause for the reversal of the discipline. While the
 charge could have been more precise it was not unprecise.
 This is particularly so when the Claimants were involved in
 the incident giving rise to the need for the holding of an
 investigation.
 There was sufficient evidence adduced to support the
 Carrier's conclusion of culpability of the charge placed
 against them. The Claimants installed curved rail instead
 of straight rail and failed to use the proper composition
 bars which resulted in the thermal misalignment and a
 derailment. The rail cut in was approximately a quarter
 inch taller than the standard 136 pound rail when cut in.
 Because of the unevenness of the top of the rail the wheels
 of the passing train would set up a pumping type motion as
 it crossed each joint and the box anchor pattern were not
 set in accordance with the Carrier's standard, i.e., box
 anchor every tie for 195 feet either side of the joint.
                        -2- Award No. 569


        The discipline is considered reasonable. The claim will be denied.


Award: Claim denied.

 ars svn~.~ ,
 S. A. Hammons, r., mployee Pier Ka by exan r, Carrier Member

                    Arthur . Van Wart,- Chairman and Neutral Member


Issued May 22, 1993.