Parties Brotherhood of Maintenance of Way Employes
 to and
 Dispute Union Pacific Railroad Company
 (former Missouri Pacific Railroad Company)

 Statement
 of Claim: "Carrier violated the Agreement, especially Rule 12, when
 B&B Helper R. W. Morris was dismissed from the service on
 April 17, 1985.

        Claimant Morris should now, therefore, be allowed eight (8) hours each work day at his respective straight time rate of pay including any holidays following therein and any overtime which would have accrued to him, beginning April 17, 1985, and continuing until reinstated to service with seniority, pass and vacation rights unimpaired."


        Findings: The Board has jurisdiction of this case by reason of the parties Agreement of January 5, 1959.


        Claimant, following a formal investigation, was found guilty of the charge:


        "...of your alleged unauthorized use of company vehicle #6910 on or about March 2 and 3, 1985 in the vicinity of Devine, Texas while you were assigned as B&B Helper on Gang 2360."


        Claimant was accorded the due process to which entitled under Rule 12 - Discipline.


        There was sufficient evidence adduced, including Claimant's admissions, to support Carrier's conclusion as to his culpability. The record shows that Claimant, following treatment for an on duty injury, had filled a prescription for pain killing pills (Motrin) and that he had chased some of the pills down with two six packs and two quarts of beer. Plus, Claimant's admissions to a co-worker, a Special Agent, and to a B&B.Supervisor,clearly supported Carrier's conclusion as to his guilt.


        The discipline imposed, is not unreasonable. This claim will be denied.

Award: Claim denied

 Award No. 260

        01


Sold-Jr: Employ ember J

    Arthur .Van Wart, Chairman and Neutral Member


                  Issued November 15, 1988.