Parties Brotherhood of Maintenance of Employes
to and
Dispute Union Pacific Railroad Company
(Former Missouri Pacific Railroad)

Statement
of Claim: (1) Carrier violated the Agreement, especially Rule 12,
when V. Cantu, Jr., (SSN 459-94-1436) was assessed 60 days
actual suspension.


Findings: The Board has jurisdiction of this case by reason of
the parties Agreement establishing this Board therefor.
The Claimant, Trackman V. Cantu, Jr., asserts that on
or about June 6, 1992, while he and Trackman L. D. Ballard
were in the process of breaking a joint apart his hand was
injured. Mr. Cantu claims that while holding a "drift pin"
(chisel) Mr. Ballard used an eight pound munday maul to
strike the "drift pin" several times and hit Cantu's hand
injuring it. Two days later, Claimant Cantu filed an
accident report (Form 52032).
Carrier conducted a formal investigation on July 3,
1992 on the charge that Claimant falsified the cause of an
alleged injury.
Carrier concluded from the transcript that the Claimant
was guilty as charged and assessed him 60 days suspension as
discipline therefor.
The Claimant was accorded the due process to which
entitled under Rule 12.
There was sufficient evidence adduced to support the
Carrier's conclusion of guilt. This case turned oh
credibility. Carrier, as the trier of facts, properly
resolved the clash of conflicting statements, in essence,
that Ballard did not strike Cantu's hand. The medical
evidence, Investigation Exhibit B, reflects that Dr. Parks'
read the x-ray and concluded that it was not a fracture as
alleged.
The discipline imposed is not unreasonable. This claim
is denied.


Award: Claim denied.

        uv-r~rsa~a,o ~a.Cl n - _

S. A. Hammons, Jr. Emplo ee Member Kfhy Alexander, Carrier Member -

                      T. hur T. Van Wart, Chairman

                      and Neutral Member


                    Issued November 27, 1993.