PARTIES) ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY

 TO ) MAINTENANCE DISPUTE) BROTHERHOOD OF OF WAY E-7'IPLOYES

 STATEMENT OF CLAT1i: That the Carrier's decision to dismiss L c ine.Operator I,1r. J. R. Carrillo on February 14, 1984 was in violation of the current Agreement and in abuse of discretion; That the Carrier will now reinstate ?1r. J. R. Carrillo to his former position with seniority and all other rights restored un impaired with compensation for all wage loss suffered.

 f!JDINGS: This Public Law Board No. 1582 finds that the parties
 per' ein are Carrier and employee within the meaning of the Railway
 Labor Act, as amended, and that this Board has jurisdiction.

 In this dispute the =laimant was employed by the Carrier in 1)70.
 On January 11, 1984 tie claimant was found guilty of tie oifaase
 or' ir Wit: 3 child by sax'aal contact 1n Bell County, Texas.
 He was santsnced to confinement in the Texas Department of Correc
 tions for a period of eight years. By letter dated d :'!'ebruary 10,
 1984, the claimant was notified to attend = formal iavestigat on
 at Temple, Teaa, February 21, 1984. Upon the raoueat of (:'-is
 Union, the invastijation was poStponed Until February 24, 1984.

 The clais.ant admitted he had been found guilty of the a love charges. :i= contended its was not guilty. The record indi=ates that the claimant had been convicted of a misdcmeanor uharga of agnravated assault on a female in 1974 and pas convicted of indecency with a child by contact in 1978. Under taase circurAstanczs, there is no justification for setting the discipline aside.

 AWARD: Claim denied.


                          Prestoyl a . .More, 1:n.31=an

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                          Union Membe


Dated at Chicago, Illinois
 August 19,1985 Iz- _'~z e~z
                          Carrier Memo