File No: 870435


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 Trackman J. B. Lozano was dismissed

      from the service.


      Claim in behalf of Trackman Lozano for eight hours each work day, including any holidays falling therein, and any overtime that would have accrued to him had he not been dismissed. Claim beginning January 19, 1987 and continuing until he is reinstated to service with seniority and vacation rights unimpaired."


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

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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.

A review of the record in this matter reveals that Claimant Lozano was afforded a fair and impartial hearing and that there is substantial record evidence to support the Carrier's determination that Claimant was guilty of the charges preferred.

As to the quantum of discipline .assessed, the Board finds that the sanction imposed is proportionate to the severity of the offense, especially when viewed against the backdrop of Claimant's prior disciplinary record, which includes: 3 dismissals, a twenty (20) day and a thirty (30) day deferred suspension, and a thirty (30) day and a ninety (90) day actual suspension. There are no compelling mitigating factors which persuade the Board to disturb the penalty assessed.

      Award: . Claim denied.


S. A. ammons, Jr. D. A. Ring \
 Employee Member Carrier Member

          Arthur T. Van Wart, Chairman and Neutral Member


      Issued on the ~G^' ;15"' day of~ , 1989

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