PUBLIC LAW BOARD 6099
AWARD NO. 30

Parties to Dispute: Union Pacific Railroad Company

and

United Transportation Union

Statement of Claim: Claim of E. J. Bader for time lost on account of attending investigation March 3, 1998.

Findings: Carrier advised the Claimant he was expected to improve his work history and then gives permission for him to mark off. It is incongruous to allow the employee to mark off and then discipline him.

PLB 5133, Award 7 and PLB 3080, Award 13, distinguished excused absenteeism and excessive unexcused  absenteeism. We conclude the discipline was excessive and should be reduced to counseling.

Award: Claim sustained in part.

FRANCIS X. QUINN
Chair

PAUL THOMPSON TERRY M. STONE

Organization Member Carrier Member

Date July 24, 2000

Fort Worth, Texas