Parties Brotherhood of Maintenance of Way Employes

to and

Dispute Union Pacific Railroad Company

(Former Missouri Pacific)

Statement

of Claim: (1) Carrier violated the Agreement, especially Rule 12,

when Trackman R. Bahe was dismissed on June 19, 1991.

(2) Claim on behalf of Mr. Bahe for wage loss suffered, until 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, Laborer R. Bahe, following a formal investigation on the charge of:

"Being under the influence of intoxicants while on Company property on Company time on June 8, 1990..."

was found to be culpable. He was discharged from service as discipline therefor.

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

There was sufficient evidence adduced including the admissions against interest by the Claimant, to support the Carrier's conclusion of Claimant's culpability. The record clearly reflects that there was an admission of drinking alcohol before coming to work, that there was an observation of the Claimant walking irregularly and stumbling, that he smelled of alcohol and had slurred speech, as well as his supporting admissions. The unbiased observations and the Claimant's admissions provided proof positive.

Notwithstanding, there was cause to conclude that the Claimant should and will be provisionally reinstated to service with all rights unimpaired, but on a probationary basis, providing that he completes the EAP program and that the Claimant reports within 30 days after being notified thereof. The Claimant's failure to so report will be considered as his rejection of this last chance opportunity.

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

RA 464L

Arthur T. Van Wart, Chairman and Neutral Member