Parties Brotherhood of Maintenance of Way Employes

 to and
 Dispute: Union Pacific Railroad Company
 (Former Missouri Pacific Railroad Company)
 Statement
 of
 Claim:



Findings:

The Board, after hearing upon the whole record and all evidence, finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Board is duly constituted by Agreement dated January 5, 1959, that it has jurisdiction of the parties and the subject matter, and that the parties were given due notice of the hearing held.

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        A careful review of the record in this matter reveals that Claimant was afforded a fair and impartial hearing and we so find.

        As to the substantive merits of the case, there is substantial evidence on the record that Claimant engaged in off-property conduct which was calculated to bring discredit upon his employer and himself. By his public intoxication, arrest, pleading and fine, Claimant violated Carrier rules proscribing unbecoming conduct.

        As to the issue of the proper measure of discipline, the Organization urges that the discipline assessed - a forty-five days suspension - is excessive on the record before us. We concur and accordingly reduce the sanction imposed to a fifteen (15) day suspension which we believe to be appropriate in the circumstances.


        Award: Claim sustained, in part, as per findings.


        Order: Carrier is directed to make this Award effective

        within thirty (30) days of date of issuance as

        hown below. _... _,

        _'&~ Co


        S. A. Hammons, J. J. 'Shannon

        Employee Membe Carrier Member


                        Arthur T. Van Wart, Chairman and Neutral Member


        issued:


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