PARTIES Southern Pacific Transportation Company
TF__ and
DISPUTE Brotherhood of Maintenance of Way Employes
STATEMENT "1. That the Carrier's decision to dismiss
COAL T-M Machine Operator A. E. Decker was in .
violation of the provisions of the cur
rent agreement and in abuse of discretion.
2. Claimant will now be returned to the ser
vice of the Southern Pacific Transporta
tion Company with seniority and all other
rights restored unimpaired and with com
pensation for all wage loss suffered."
FINDINGS

Upon the whole record, after hearing, the. Board finds that the parties herein are Carrier .and Employees within the meaning of the Railway Labor Act, as amended, and that this Board is duly constituted under Public Law 89-456 and has jurisdiction of the parties and the subject matter.

Claimant was a machine operator on Carrier's system steel gang working in the vicinity of Lucin, Utah, and living in modular mobile housing units near the work site. Based on certain events which took place on July 15, 1984, at about 1:00 A.M., claimant was charged with (among other things) making threats to other employees, being intoxicated, using marijuana, threatening a fellowemployee with a 20-gauge shotgun and a pistol, and also for destroying Company property by shooting a bunk bed in the modular unit with the shotgun.

Following an investigation which was held on July 24, 1984 (which claimant did not attend), he was found guilty of the charges and dismissed from Carrier's service. From an evaluation of the testimony adduced at the hearing, it is evident that the charges were well supported by the evidence introduced and, in fact, it was fortunate that no one was seriously injured by claimant's actions on the night in question. He was properly found guilty and the
PLB-2439 _ 2 - Award No. 94

penalty of dismissal was appropriate under all the circumstances.

AWARD

                Claim denied.


                      eberman, Neutral -C a rman


Is~ -
C. oose, Employee Member L. c er ~ng, Carrier M er

San Francisco, California

January 3/ , 1986