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                                  Case No. 442

                                  UP File 890757


        Parties Brotherhood of Maintenance of Way Employees

        to and

        Dispute Union Pacific Railroad

        (Former Missouri Pacific Railroad Company)


        Statement

        of Claim: Claim of Trackman Alex Kochinskey, SSN 438-90-2596, for

        eight (8) hours each work day, including overtime and

        holidays that would have accrued to him had he not been

        dismissed, beginning July 24, 1989 and continuing 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 was required to attend a formal investigation held on August 8, 1989, on the charge of (1) absenting himself without proper authority on Monday, July 17, 1989 while working as Trackman on Gang 1011 at Shreveport, LA, and (2) the report that he conducted himself with conduct unbecoming an employee of the Union Pacific Railroad when he was arrested and charged with simple theft on May 23, 1989, and arrested and charged with one count of attempted purse snatching and one count of purse snatching on July 17, 1988 by the Shreveport Police Department.


              As a result of the investigation held on September 6, 1989, at Shreveport, LA, the Carrier concluded him culpable, the Claimant was dismissed as discipline therefor.


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


              There was sufficient evidence adduced, including the admissions of Claimant that he was guilty of conduct unbecoming an employee of the Union Pacific and that the method he used to report his absence on July 17, 1989 was not the proper authority and in fact he was absent without proper authority, to support the Carrier's conclusion, of Claimant's culpability as to conduct unbecoming an employee because of purse snatching, simply theft and arrest therefor. His acinissions void the necessity of further

Award No. 442

 review, as an admission of guilt, in effect, terminates the Board's acting. In the circumstances, this claim will be denied.

 Award: Claim denied.

 S. . Hammons, Jr. Emp ee Member

    A thur T. Van Wart, Chairman and Neutral Member


Issued December 19, 1990.

 D. A. Ring, Carr (3 mber

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