File 930627


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 C. M. Essmyer, SSN 535-62-6996, was assessed a 15 -day
 actual suspension.

        (2) Claim in behalf of C. M. Essmyer for removal of the 15day actual suspension from his record and pay for wage loss suffered beginning June 14, 1993 through June 28, 1993.


Findings: This Board has jurisdiction of this case by reason of
 the parties Agreement establishing the Board therefor.
 The Claimant received the following notice of
 investigation on May 5, 1993 reading, in part:
 "While working as Assistant Foreman on Gang 9161, in the
 vicinity of Popular Bluff, Missouri on April 26, 27, 28,
 1993, you were allegedly absent without proper authority
 from your assigned position. There will also be a review of
 your personal record."
 Claimant was accorded the due process to which entitled
 under Discipline Rule 12.
 There was sufficient evidence adduced to support the
 Carrier's conclusion of culpability of the charges placed
 against the Claimant. The Claimant was absent April 26, 27,
 and 28. On April 26th he was authorized to arrive Tate at
 work. However, the Claimant never provided any evidence to
 his supervisors on or after the 26th or, even at the
 hearing, that his car broke down or that the car that he had
 borrowed broke down or that there were no service stations
 available nor did he produce any receipts of any nature. As
 to April 27th and 28th for which the Claimant was again
 given qualified permission in order to take care of some
 warrants subject to an offer of proof again, no proof was
 shown in April. It was not shown until the hearing on May
 14, 1993.
 The review of the Claimant's personal service record
 reflects that he serve two disciplinary sanctions involving
 Award No. 630

 30 days for unauthorized absenteeism, account absent without proper authority. The Claimant's record also showed four letters of counsel for tardiness and absent without authority, personal leaves of absence within a recent two month period. The discipline as issued will stand.

        Award:


Claim denied.

0. ,


S. A.`Hammons, Jr., Emp7o a Member D. A. Ring, Carr er ember

              Arthur Van Wart, Chairman

              and Neutral Member


Issued Brooksville, Florida June 27, 1994.