PUBLIC LAW BOARD 6099

AWARD NO. 29

Parties to Dispute: Union Pacific Railroad Company

                                and

                    United Transportation Union

Statement of Claim: Claim of Conductor E.J. Bader for time attending investigation September 4, 1997, and the removal of Level 2 discipline.

Findings: The Claimant's attendance record is faulted by the CMS office in Omaha, and he was charged with failure to comply with instructions (Rule I @ 13) Because of a convergence of unique family problems he was allowed to mark off, then charged with excessive absenteeism. PLB 3080, Award 13, distinguished excused absenteeism and excessive unexcused absenteeism. See PLB 5613, Award 59.

   We conclude the discipline was excessive and should be reduced to a warning.

Award: Claim sustained in part.

FRANCIS X. QUINN
Chair

PAUL THOMPSON                TERRY M. STONE
Organization Member          Carrier Member