File No. 870665


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 Track Foreman F. L Salazar was dis

      missed from the service.


      Claim in behalf of Track Foreman Salazar 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 April 23, 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 case reveals that Claimant Salazar was afforded a fair and impartial hearing.

          There is substantial evidence on this record (including Claimant's own admissions) to support the Carrier's finding of guilt on the charges preferred.

          Possession of an alcoholic beverage while on duty is a serious offense warranting severe discipline. Claimant Salazar's indifference to the Company's Employee Assistance Program certainly does not mitigate in his favor, either. Nonetheless, Claimant's length of service at the time of this incident (nearly 16 years) coupled with an unblemished discipline record, do mitigate in favor of offering this first-offender an opportunity to become a productive member of Carrier's workforce once again.

          Therefore, provided Claimant meets with a Company EAP Counselor - within thirty (30) days of the date that Carrier notifies him to report - to develop and commit himself to an appropriate rehabilitation program; and provided further, he thereafter secures the EAP Director's return-to-service recommendation and passes the usual return-to-service examination(s), Claimant will be restored


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to service with all seniority, vacation and other rights unimpaired and with a continuing obligation to successfully complete his prescribed program.

The Board will retain jurisdiction of this matter and should Claimant Salazar fail to avail himself of this opportunity, by meeting the conditions precedent to re-entry to Carrier's workforce set forth above, after being afforded a reasonable time to do so, then Claimant will revert to the status of a dismissed employe - without further proceedings - and the Board will enter a denial award upholding his permanent dismissal from Carrier's service.

Under the circumstances obtaining, Petitioner's claim for all wage loss suffered is denied.

      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.


Employee Member

 D. A. Ring
 Carrier Member

              r T. Van Wart, Chairman .

              and Neutral Member

Issued on the /~G day of , 1989
 at ~~-- ~c~.

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