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 D. Joubert was assessed 30 days actual
 suspension.

        (2) Claim in behalf of Mr. Joubert for wage loss suffered beginning October 21, 1991 and 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 D. Joubert, was notified to
 attend a formal investigation on September 26, 1991 on the
 charge:
 "You allegedly gave permission to the SDA 10 to occupy the
 main track without having the proper protection which in
 turn caused a near collision between the HOBV train and the
 SDA 10."
 Carrier concluded from the transcript thereof that the
 Claimant was culpable of the charges placed against him. A
 30 day actual suspension was imposed as discipline therefor.
 Claimant was accorded the due process to which entitled
 under Rule 12.
 There was sufficient evidence adduced to support
 Carrier's conclusion as to the Claimant's culpability. The
 record shows that Machine Operator A. Marquez (AD-10)
 responded to the Claimant's radio call; that the Claimant
 advised Marquez that he (Joubert) had a track warrant and
 that he (Marquez) could come out of the hole and occupy the
 main line. Marquez assuming that he was protected
 thereunder came out with the other two spikers who went to
 work in the Claimant's territory. Later the Train HOBV came
 up the main and discovered Spiker AD-10 occupying it and
 stopped well in the clear. The Claimant's disclaimers as to
 alleged communications misunderstanding did nothing to
 prevent the potential collision between Spiker AD-10 and
 Train HOBV.
                        -2- Award No. 578


            The discipline is deemed reasonable.


Award: Claim denied.

 ~: HTamnons, r, mp a Member K7 ay Al xande , Carrier ember

"Arthur T. 9-an `War t, hai~irman

and Neutral Member


Issued May 22, 1993.