File No. 870524


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 A. K. Hawkins was dis

      missed from the service.


      Claim in behalf of Trackman Hawkins for reinstatement to service with pay for all wage loss suffered beginning February 9, 1987 and continuing until he is reinstated to service with seniority, vacation and all other rights restored to him 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 case reveals that Claimant Hawkins was afforded a fair and impartial hearing.

There is substantial evidence on this record to support the Carrier's finding of guilt on the the charges preferred.

Due to the seriousness of Claimant's offense (theft of Company fuel), the Board finds that the Carrier did not act in an unreasonable, arbitrary or capricious manner by imposing the sanction of permanent dismissal in this case.

      Award: Claim denied.


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

          Arthur T. Van Wart, Chairman and Neutral Member


      Issued on the ~O-70day of ~/~ , 1989


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