SPECIAL BOARD OF ADJUSTMENT N0. 279
Award No. 579
Case No. 579
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 Z. Hackett was assessed 30 days actual
 
suspension.
(2) Claim in behalf of Mr. Hackett 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.
 
This is a companion case to that in our Award No. 578
 
the findings of which by reference are incorporated herein.
 
Therein that Foreman caused the Machine Operator of AD-10 to
 
come out and occupy the main line without protection of
 
authority.
 
This case involves an Assistant Foreman who failed to
 
get the required protection for AD-10 which was under his
 
jurisdiction. Supervisor Bulen (P-10) is most telling. He
 
briefed both Foremen on the protection needed as well as the
 
work to be done. Assistant Foreman Hackett should have
 
obtained the necessary protection for Machine Operator
 
Marquez and he did not. Hackett assumed that Marquez was
 
still "in the hole" at Cranell and Foreman Joubert who gave
 
permission for Mr. Marquez to come out on the main line
 
assumed Mr. Marquez was protected under Mr. Hackett's order.
 
It was fortunate that those erroneous assumptions on the
 
parts of Foreman Joubert and Acting Foreman Hackett did not
 
result in serious injury or loss of life to Operator
 
Marquez.
 
The discipline is reasonable. This claim will be
 
denied.
Awar Clpm denied.
14x- 
A04*~
j% \,, 
5LY&
ammons, r., Employee Member TCa y exande , Carrier Member
Arthur .~Eil'V~an Wart, ~~
hai rman
and Neutral Member
Issued May 22, 1993.