"1. That the Union Pacific Railroad Company (Texas & Pacific) violated the controlling agreement, particularly Rules 23 and 24, when they unjustly and arbitrarily withheld Electrician D. K. Warren from service beginning April 7, 1992, following investigation held April 27, 1992, and was dismissed from Carrier's service May 6, 1992.

2. Accordingly, the Union Pacific Railroad Company (Texas & Pacific) be ordered to compensate Electrician Warren as follows:

(a) Compensate him for all wages lost, at the prevailing rate of pay of electricians and all applicable overtime;

(b) Return him to the service of the Carrier

with all seniority rights unimpaired;

(c) Make him whole for all vacation rights;

(d) Make him whole for all health and welfare

and insurance benefits;

(e) Make him whole for any and all other benefits including Railroad Retirement and Unemployment Insurance;

(f) Make him whole for any and all other benefits that he would have earned during the time withheld from service;

(g) Any record of this arbitrary and unjust disciplinary action be expunged from his personal record."

95-2-93-2-86

The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at heari^a

Claimant with 13 years of service at the Carrier's Fort Worth Diesel facility was removed from service on April 7, 1992 pending a formal Investigation. On April 9, 1992 he was instructed to attend an Investigation on April 22, 1992 to determine the facts to the following charges:

"(1) Failure to attend to your assigned duties and engaging in immoral and negligent conduct while on duty, on company property, or engaging in immoral and negligent conduct while on company property, when you arranged for, offered, and/or discussed the delivery of a controlled substance to a fellow employee on the following dates:

(2) Failure to attend to your assigned duties and engaging in immoral and negligent conduct while on duty, on company property, or engaging in immoral and negligent conduct while on company property, when you dispensed and/or distributed same to a fellow employee on the following date:

(3) Possession and dispensation and/or distribution of a controlled substance to a fellow employee on the following dates at the identified locations:

01-30-92, 11:45 p.m., New Orleans Nights,

Fort Worth, Texas.

02-13-92, 02:51 p.m., Chili's parking lot,

University Drive,

Fort Worth, Texas.

(4) Use of alcoholic beverages subject to duty on the following date:

07-26-91

(5) Dishonesty in reporting off work, allegedly account dentist appointment on the following date:

08-09-91

(6) Conduct unbecoming an employee in connection with your arrest while on duty, on company property, on Tuesday, April 7, 1992, by the Tarrant County Narcotics Coordination Intelligence Division charged with the following criminal charges:

A. Misdemeanor Delivery of Marijuana under 1/4 ounce (2 counts).

B. Felony Delivery of Marijuana over 1/4 ounce (1 count)."

95-2-93-2-86