Findings: The Claimant is an engineer with approximately twenty-three (23) years with the
 Union Pacific. On April 14, 1999, at Harlingen, Texas, Claimant allegedly came
 in contact with a female employee and improperly grabbed her buttocks. The
 female employee complained. The company investigated and found the testimony
 of the female employee persuasive. According to the company, this is the second
 serious charge of sexual harassment against the Claimant. The first incident was
 in September 1994. The company has concluded that Claimant has repeatedly
 conducted himself in an unprofessional and discourteous manner which cannot be
 condoned or accepted. The record indicates that Claimant attempted to intimidate
 the female employee and persuade her not to testify. The hearing officer
 concluded that the charge letter was correct and that Claimant should be
 disciplined. We concur and the record indicates that this is more than a "He

          said... She said" argument. We believe a suspension was the proper discipline


                          1

jqj,,Q .ua . &i 70 A,.~ a

 and that Claimant must afford himself counseling. He will be returned to work

 only after the EAP officer has approved his course of treatment.

 Award: Claim sustained in part.

 FRANCIS X. QUINN-~KChair and Neutral Member

 Don M. Hahs
 Organization Member

 TERRY M. STONE
 Carrier Member

 Date
 Omaha, N raska