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. R. Hatch was dismissed

      from the service.


      Claim in behalf of Trackman Hatch for eight hours each day, including any holidays falling therein, and any overtime that would have accrued to him had he not been dismissed. Claim beginning April 22, 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

                    1

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 Hatch 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.

In view of Claimant's prior poor discipline record (which includes two [2] previous dismissals for failure to protect his assignment), 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.

 S-~amrrions, Jr. Employee Member

 a

              D. A. Ring

              Carrier Member


Arthur T. Van Wart, Chairman and Neutral Member

      Issued on the 1D,-4 day of ~~ , 1989


at ~~ . ,/'~ .