PUBLIC LAW BOARD 6323
AWARD NO.65

Parties to Dispute:    Union Pacific Railroad Company

                                    and

                       United Transportation Union

Statement of Claim: Request that Level 5 discipline be removed from the record of Conductor A. Simmons with pay for time lost.

Findings: The record indicates Claimant has been disciplined four times within fifteen months for  absenteeism. He has continued to fail to comply with instructions to improve his attendance; he was unavailable for 36 days between August 29 and November 27, 2001. He was in violation of Rule 1.13.

Award: Claim denied.

FRANCIS X. Quinn
Chair and Neutral Member

L.L. OVERTON                                                         TERRY M. STONE
Organization Member                                                  Carrier Member

July xi.. , 2002

Omaha, Nebraska

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