Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Union Pacific Railroad Company
(Former Missouri Pacific Railroad

Statement
of Claim: Claim of Machine Operator R. C. Esquivel, SSN 451-98-8264,
for eight (8) hours each work day, including overtime and
holidays, that would have accrued to him had he not been
dismissed as a result of investigation held February 6,
1990. Claim to continue until he is reinstated with
seniority, vacation and all other rights unimpaired.

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


        The Claimant was notified to attend a formal investigation under date of February 6, 1990 on the charge:


            "...your alleged violation of Rule G on or about January 13, 1990 Saturday at approximately 8:30 AM while employed as Roadway Machine Operator..."


        The investigation was postponed and rescheduled and held February 6, 1990. As a result thereof, Carrier concluded him to be culpable of the charge. He was dismissed from service as discipline therefor. Rule 12 was complied with.


        The record reflects that the Claimant admitted that he had been arrested and booked by the Coma] County authorities for possession of cocaine. The Comal County District Court documents show that Claimant was found guilty of the felony offense of "possession of a controlled substance," and that he was sentenced to a term of two (2) years in the institutional division, Texas Department of Criminal Justice and fined $1,000. The Claimant pled guilty in open court and he waived his right to a trial by jury.


        In the circumstances, the discipline is not deemed unreasonable. This claim will be denied.


Award C1 im denied.
~Yrr~»~

S. A. Hammons, Jr., Employee Mepi er D~-. Rarrier er

                                    ~i

                    Arthur T. Van Wart, Chairman and Neutral Member


Issued October 26, 1991.