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 M. G. Meeks was dismissed from

      the service.


      Claim in behalf of Trackman Meeks for eight hours each work clay, including any holidays falling therein, and any overtime that would have accrued to him had he not been dismissed. Claim beginning September 4, 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

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 Meeks was afforded a fair and impartial hearing, even though in absentia.

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

Due to the seriousness of Claimant's offense (flagrant insubordination) and his short tenure with the Company, 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.

 Sanfr"I
. H n rhons, Jr. j
 Employee Membe ~/r

 A ;J ll·Lf , X
 D. A. Ring
 Carrier Member

 Arfhur T. Van Wart, Chairman and Neutral Member

      Issued on the / 9 day of

at h

 1989