PARTIES Brotherhood of Maintenance of Way Employees
 TO and
 DISPUTE The Atchison, Topeka and Santa Fe Railway Company
 STATEMENT "1. That the dismissal of Ramon Montoya for his
 OF CLAIM alleged violation of certain rules of the
 Santa Fe Railway Company's Operating Rules
 was without just and sufficient cause, in abuse
 of discretion, unduly harsh and on the basis of
 unproven charges.
 2. Claimant Ramon Montoya be reinstated to the
 service of the Carrier with seniority, and all
 other rights restored unimpaired, and that he
 receive compensation 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.

 The record indicates that claimant herein entered Carrier's service in 1974 and rose from a Trackman on Carrier's Colorado Division to the position of Track Supervisor in 1979. Following an investigation held on November 4, 1982, claimant was found guilty of the charges of unauthorized use of a Company vehicle while under the influence of alcohol and being argumentative and threatening toward Company officials in violation of Carrier's rules. As a result, he was dismissed from service.

 There is little doubt about the circumstances surrounding the disciplining of the claimant herein. He was found by Carrier's Special Officer and certain other Carrier officers,in a Company vehicle while under the influence of alcohol and in the course of the subsequent steps taken he was beligerant and threatening to the supervisors. The only aspect

                                        Award & Case No. 116


of the charges which appears doubtful, based on the record, was the
 question of the unauthorized use of Carrier's vehicle. It appears
 that claimant had traditionally and repetitively used the Carrier's
 vehicle to go to and from work without any questions being raised.
 With respect to the other aspects of the charges, there is no doubt
 but_that he was guilty of the charges based on a careful evaluation of -
 the facts. Petitioner raises the point that at the time of the inci
 dent claimant was not under pay and also there is at least the presump
 tion that he may have had a problem with respect to the Special Agent
 who may have "set him up". However, there is no doubt about the guilt
 and Carrier, under the circumstances, took appropriate action, as the
 Board views it. The only mitigating circumstances herein involve claim
 ant's past record. During his lengthy service with Carrier, he obviously
 performed well and was promoted regularly to positions of higher respon
 sibility. Under the circumstances, it is the Board's view that in the
 interests of all concerned, the penalty has been sufficient in terms
 of the infraction. Therefore, it is the Board's view that Montoya be
 reinstated to his former position, without pay, as a Trackman and,
 further, that he be put on probation for a six-month period. Assuming
 that he completes the probationary period without any difficulty, he
 at that time may bid on any position to which his seniority entitles
 him.

 AWARD
                Claim sustained in part; claimant will be reinstated to the position of Trackman and placed on probation for a six-month period.- At the end of that time, if he has had no problems, claimant may bid on any position to which his seniority entitles him.


ORDER
                Carrier will comply with the award herein within thirty (30) days from the date hereof.

            PLB No. 2774

            Award & Case No. 116


- 3 -

                I."M. L eberman, Neutral-Chairman


C. F. Foose, Employee.Member . M. armon, arrie Member

 Chicago, IL
 December /', 1984