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 L. E. Allen was assessed 30 days deferred suspension.

        (2) Claim in behalf of Mr. Allen for removal of said discipline from his record.


Findings: The Board has jurisdiction of this dispute by reason
 of the Parties Agreement establishing this Board therefor.
 The Claimant Track Foreman was notified to attend a
 formal investigation on the charge:
 "Your alleged failure to properly report personal injury
 sustained by Clarence Joseph at approximately 8:15 a.m.
 October 9, 1991 at the LaBlanc Spurr, Donaldsonville, LA.
 while you were working as members of gang 2910 on the
 Alexandria Subdivision."
 Carrier concluded therefrom that the Claimant was
 guilty of the charge. He was given the thirty day deferred
 suspension here appealed.
 The Board finds that the Claimant was accorded the due
 process to which entitled under Rule 12.
 There was sufficient evidence adduced to support the
 conclusions of Carrier as to the Claimant's guilt for his
 failure to promptly report the injury sustained by Clarence
 Joseph who was working as a Trackman under his charge.
 Carrier chose to believe the testimony of witness
 Joseph who testified that he had mentioned the injury to his
 Foreman, Valentine, who corroborated the assertion and also
 the fact Valentine, Joseph and Allen were driving in the
 truck when the statements were made that he hurt his back
 while loading the rail stretcher.
 The discipline will be modified in light of the manner
 in which Joseph made his assertion "that his back was
 worrying him." Although the statement nevertheless should
 have alerted the Foreman that something was not just right.
                        -2- Award No. 576


        The manner of expressing the injury was poor. The discipline will be reduced to a fifteen (15) days deferred suspension.


Award: Claim disposed of as per findings.

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


S-. T.--Wa-mons, 'lcyee Memb jK by exa der, Carrier ember

                  rt ur an wart, C airman

                  and Neutral Member


                    Issued May 22, 1993.