File 930492


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 V. K. Davis, SSN 465-57-2900, Was assessed a 60-day
 actual suspension.

        (2) Claim in behalf of V. K. Davis for removal of the 60-day actual suspension from his record and pay for wage loss suffered beginning March 13, 1993 through May 12, 1993.


Findings: This Board has jurisdiction of this case by reason *of
 the parties Agreement establishing the Board therefor.
 The Claimant, Machine Operator V. K. Davis, was the
 Operator of a Trailing Tamper, ATS 9202. He was involved in
 a collision with a leading ballast regulator BR 9118 on
 February 12, 1993 resulting in damage to both machines.
 A hearing was held, on February 23, 1993, in connection
 therewith. The Carrier concluded therefrom that the
 Claimant was culpable of the charges placed against him. He
 was assessed a 60-day suspension.
 The Claimant was accorded the due- process to which
 entitled under his discipline rule. There was sufficient
 evidence adduced, including the admissions of Claimant, to
 support the Carrier's conclusion.
 The record provides mitigating circumstances permitting
 a reduction in the discipline imposed to now be a 30 day
 suspension.
 Award: Claim disposed of as per findings.
 Ord Carrier is dir ted to make this Award effective within
 thirty (30) ay of date of issu ce show below.

 . A. Hammons, Jr. oyee Member D. ing, C ' r Member

Ar~an~Chairman

and Neutral Member


Issued Brooksville, Florida June 27, 1994.