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 D. R. Horn was dismissed from the serv

          ice.


          Claim in behalf of Track Foreman Horn for his return to service with pay for all wage loss suffered; and restore his seniority, vacation and all other 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.


A375 SBA279

      A review of the record in this case reveals that Claimant Horn was afforded a fair and impartial hearing.

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

      Reporting to work under the influence of alcohol is a serious offense warranting severe discipline. Claimant Horn'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 (over seven 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-toservice recommendation and passes the usual return-to-service examination(s), Claimant will be restored 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 Horn 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.


A375 SBA279
 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 (3D) days of date of issuance.


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

              A hur T. Van Wart, Chairman and Neutral Member


      Issued on the r(J day ofg~;nn a, r ,, 19$9


at ~~ a l% nL, ,- ~-~n.u_c <z

 A375 SBA279