U. P. File No. 920478


          Parties Brotherhood of Maintenance of Way Employes

          to and

          Dispute Union Pacific Railroad Company

          (Former Missouri Pacific)


          Statement

          of Claim; (1) Carrier violated the Agreement, especially Rule 12,

          when B. R. Johnson (SSN 461-37-3059) was assessed 20 days

          deferred suspension on August 27, 1990.


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


Findings: The Board has jurisdiction by reason of the parties
 Agreement establishing this Board therefor.
 Machine Operator, B. R. Johnson, an employee of some
 twelve (12) years, was, as a result of a formal
 investigation held on August 27, 1990 on the charge "being
 absent without authority, or tardy for work on" a series of
 · dates, assessed the discipline of twenty days deferred
 suspension, that is appealed to this Board.
 Claimant was accorded the due process to which entitled
 under his discipline rule, Rule 12.
 There was sufficient evidence adduced to support
 Carrier's conclusion that Claimant was culpable of the
 charge placed against him. The record reflects that the
 Claimant was formally charged after having been previously
 counseled on March 28, 1990 concerning his absentee problem.
 Thereafter the Claimant was then absent some 13 days between
 April 23 and July 27, 1990 and, in addition, was 30 minutes
 late for work on two additional dates. This record
 indicates that the employee has failed to do anything to
 correct his problem. The Carrier's operations are
 predicated on the basis of having a full quota of employees
 daily to accomplish certain work purposes. Absenteeism to
 this extent starts to border on the employee being a part
 time employee. When the Carrier was faced with this problem
 and the Claimant's additional failure to contact and utilize
 the Employee Assistance Program, it was cause to take some
 forceful action. The least of such action was the charge
 and the extent of discipline issued.
                        -2- Award No. 587


        The discipline is not unreasonable. This claim will be denied.


Award: Claim denied.

 S. A. Hammons, 5r., Emp oyee Member K thy Alex der, Carrier Member

              Arthur T. Van Wart, Chairman

              and Neutral Member


Issued November 27, 1993.