SPECIAL BOARD OF ADJUSTMENT N0. 279

Award No. 584

Case No. 584

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 Leroy Pulley was dismissed from service.

(2) Claim in behalf of Mr. Pulley for wage loss suffered beginning December 11, 1991, until reinstated on February 11, 1992.

Findings: The Board has jurisdiction of this dispute by reason
of the Parties Agreement establishing this Board therefor.
Claimant attended a formal investigation and charged
with:

"...your alleged falsification of injury report, Form 52032, dated October 30, 1991, wherein you alleged you sustained a pinched nerve in your back due to unloading a drill from a truck by hand on October 28, 1991 at Bald Knob, Arkansas, while you were working as a member of Gang 1029."

As a result of the investigation, Carrier concluded that he was culpable. The Claimant was dismissed from service as discipline therefor. However, he was reinstated some 60 days later.

The Board finds that while Claimant was charged with falsification of his injury report because of an allegation that he had a pinched nerve in his neck, the facts show that the Claimant had sustained a lumbosacral strain, which fact, apparently, caused the Carrier to reinstate the Claimant 60 days after his dismissal.

There was insufficient evidence to support Carrier's conclusion of culpability. The Board therefore removes the discipline assessed. However, there is no pay for the time out of service as he was off injured.

Award No. 584

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.

o .

S. .gammons, 'r., Employee Member

it y exa der, Carrier ember

~ Z~

~AYtbUr`-F. Van Wart, Chairman and Neutral Member

Issued May 22, 1993.