UP File 890754


Parties Brotherhood of Maintenance of Way Employees
 to and
 Dispute Union Pacific Railroad
 (Former Missouri Pacific Railroad Company)
 Statement
 of Claim: Claim on behalf of Trackman J. L. Anderson, Jr.,
 SSN 498-62-7237, for eight (8) hours each work day,
        including any overtime and holidays that would have accrued

        to him had he not been dismissed October 20, 1989. Claim to

        continue until he is reinstated with seniority, vacation and

        all other rights unimpaired.


Findings: The Board has jurisdiction by reason of the parties
 Agreement establishing this Board therefor.

        Claimant Trackman, following a formal investigation, held at Angleton, Texas on August 3, 1989, on the charge of absenting himself from his position as Trackman on Gang 2800 at Angleton, Texas, on June 29 and 30, 1989, was dismissed from service as discipline therefor.


        Claimant was accorded the due process to which entitled under Rule 12 - Discipline.


        There was sufficient evidence adduced to support Carrier's conclusion as to Claimant's culpability.


        In view of the fact that Claimant having gone to the EAP and "was seeing a counselor and therapist and was now cleared and ready to work" is strongly indicative that the Claimant was desirous of working for Carrier. The Board will conditionally reinstate Claimant to service with all rights unimpaired but without any pay for time out of service, providing that he contact EAP and completes the EAP's prescribed program. Failing therein will place Claimant in a dismissal status. Consequently, the Claimant will be conditionally reinstated subject to taking his required physical examinations before returning to service.

                        -2- Award No. 439


Award: Claim deposed of as provided above.

        Order: Carrier is directed to make this Award effective within thirty (30) days of date of issuance shown below.


S. A. Hammons, Jr. Em yee Member D. A. Ring, Carrikr T(ember

                            G--

                  Arthur T. Van Wart, Chairman and Neutral Member


Issued December 19, 1990.