File 910053


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. Love was dismissed on April 18, 1990.

        (2) Claim on behalf of Mr. Love 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, Trackman Raymond Love, following a formal investigation held on August 13 and September 11, 1990 on the charge:


        "...You were allegedly under the influence of intoxicants on company property at roll call on April 18, 1990 at approximately 8:00 AM while assigned as Track Laborer in Gang 9111, in the vicinity of Denton, Texas."


        was found to be culpable and dismissed from service as discipline therefor.


        The Board finds that the Claimant was accorded the due process to which entitled under Rule 12. The cancellation of the June 18 investigation concerned the date of April 19. The other investigation concerned that of April 18. Further, such error could not be deemed so egregious as to be cause for reversal of the discipline imposed.


        There was sufficient evidence adduced to support the Carrier's conclusion as to Claimant's culpability. The Carrier concluded from the transcript that the Claimant had been drinking alcohol and smoking marijuana on the morning of April 18, 1990. See, among others, at T-47-64 and 65.


        The discipline imposed in light of the offense and Claimant's record, is deemed not unreasonable. This claim will be denied.

                        -2- Award No. 520


Award: Claim denied.

 'dLP #1. /6110 x~k
 S. A. Hammons, Jr., Employee Member R. 0. Rock, Carrier Member

                Arthur T. an Wart, Chairman and Neutral Member


Issued April 24, 1992.