SPECIAL BOARD OF ADJUSTMENT NO. 279
Award No. 585
Case No. 585
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 R. A. Nieto was assessed 30 days deferred suspension.
(2) Claim in behalf of Mr. Nieto 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.
Claimant was required to attend a formal investigation
on the charge:
"...that while working as a Trackman on Gang 9164 in the
vicinity of McFadden, Texas, on the Brownville Subdivision,
on October 15, 1991, you allegedly caused a personal injury
to yourself by first purposely trying to handle a poison
snake which in turn bit you causing the injury."
The Carrier concluded from the transcript thereof that
the Claimant was culpable of the charge and he was assessed
a thirty (30) day deferred suspension.
Claimant was accorded the due process to which entitled
under Rule 12.
There was insufficient evidence adduced to support the
Carrier's conclusion.
The discipline
Claimant's record.
Award: Claim sustained.
imposed shall be expunged from
Order: Carrier is directed to make this Award effective within
t irty (30) days of date of issuance shown below.
O~rrv~
ammons, r., Employee ember thy lexand r, arrier Member
Arthur T. Van Wart, Chairman
and Neutral Member
Issued May 22, 1993.