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                                U. P. File No. 920273


        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 R. S. Bavousett (SSN 457-98-3999) was assessed 180 days

        actual suspension from service on February 11, 1992.


              (2) Claim in behalf of Mr. Bavousett for wage loss suffered beginning February 11, 1992, and removal of said discipline from his record.


        Findings: The Board has jurisdiction by reason of the parties

        Agreement establishing this Board therefor.

        Maintenance of Way Foreman R. S. Bavousett was formally

        charged. He attend the formal investigation held on January

        28, 1992 on the charge that he had turned in time for 8

        hours straight time pay for July 1 and November 4, 1991 when

        he was actually absent both days.

        Carrier concluded therefrom that Claimant was culpable

        of the charges placed against him and imposed a 180 actual

        suspension as discipline therefor.

        The Claimant was accorded the due process to which

        entitled by Rule 12. The discovery was not made until

        December 30, 1991 by MTM J. M. Guerra. The Claimant was

        cited for investigation three days thereafter the Carrier

        had knowledge.

        There was sufficient evidence adduced to support

        Carrier's conclusion of culpability. The record disclos.es

        that the Claimant's cause for absence was not the result of

        the usual run-of-the-mill rationale. It was asserted and

        not denied that the Claimant did not report to work on July

        1 because Claimant was incensed because his paycheck was

        late. Claimant was not at work November 4th because he had

        to see an attorney over a custody matter.

        The state of the record does not appear that the

        Claimant was willfully being absent. There is cause for

        modification. The discipline of 180 days suspension imposed

                        -2- Award No. 588


        is modified to 90 days. Claimant, of course, is on notice that in the incident involved it is a question of personal honesty and he is being disciplined therefor.


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.


S. A. Hammons, 5r., Employee Member K thy Alex nder, Carrier Member

Aur T. Van Wart, Chairman

and Neutral Member


        Issued November 27, 1993.