SPECIAL BOARD OF ADJUSTMENT N0. 279
Award No. 364
Case No. 364
File 8707976
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Union Pacific Railroad
(Former Missouri Pacific Railroad Company)
Statement
of Claim: (1) Carrier violated the Agreement, especially Rule 12,
when B&B Mechanic R. J. Hernandez was dismissed from the
service.
(2) Claim in behalf of B&B Mechanic Hernandez 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 July 22, 1987, and
continuing until he is reinstated to service with seniority
and vacation rights unimpaired.
Findings: The Board has jurisdiction by reason of the parties
Agreement establishing this Board.
Claimant following a formal investigation in connection
with a Rule G charge was dismissed from service as
discipline therefor.
There is no question but that Claimant was properly
found guilty. The only question is whether or not he should
be accorded the opportunity of going into the Carrier's
Employee Assistance Program.
The Board is willing to conditionally reinstate
Claimant to service with all rights unimpaired, but without
any pay, provided that within thirty (30) days of
notification he starts in the Employee's Assistance Program
and remains in it at least until a Counselor says that he is
okay to work. Thereafter, Claimant will be placed on a six
(6) month's probationary status.
Award:
Claim disposed of as per findings.
Order: Carrier is dir cted to make this Award effective within
thirty (30) a s of date of issuance shown below.
. A. ammonds, Jr p ogee Member
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D. A. Ring, Carri r ember
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Ar'thur T. Van Wart, air~
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Issued Septem ber 30, 1989.