SPECIAL BOARD OF ADJUSTMENT N0. 279
Award No. 492
Case No. 492
File 900452
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.