File 8600786


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 Trackman C. L. McKinnon was dismissed from the service.

        (2) Claim in behalf of Trackman McKinnon for eight hours each work day, including any holidays falling therein, that would have accrued to him had he not been dismissed. Claim beginning September 1, 1986, 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, while working as a Trackman on August 29, 1986 was observed removing Company property (a jack) without proper authority. Following a formal investigation he was dismissed from service as discipline therefor. He was reinstated on January 13, 1987 with the right to progress his claim for wages loss to a Board.


        Track Foreman L. A. Floyd said he observed from eight feet away:


        "I seen Mr. McKinnon coming out of the back of the Company truck with an orange raincoat with a jack placed under it and placed it in the back seat of Mr. Brown's car on the driver's side."


        There was some discussion as to the total number of jacks in all the trucks. None the less there was an eyeball witness to the proceeding who brought the charge. Track Foreman Floyd reported the incident, the Claimant was charged and tried thereon. No credible reason was shown against Floyd's bringing the charge and being a credible witness.


        There was sufficient evidence to support the Carrier's conclusion that Claimant was guilty as charged.


            This claim will be denied.

                        -2- Award No. 389


Award: Claim denied.

    / S. A.~mon s, Jr. Iployee Member D. A. Ring, Carr' r ember


Arthur T. Van Wart, Chairman

and Neutral Member


Issued September 30, 1989.