(2) Claim on behalf of Mr. Bacon 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 Gregory L. Bacon, attended a formal investigation held on Monday, September 10, 1990, on the charge:

"...you have allegedly absented yourself from duty without proper authority from August 1, 1990 to, and, including this date."

The Carrier concluded culpability therefrom. Carrier, in light of the offense and the Claimant's service record dismissed him from service as discipline therefor.

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

There was sufficient evidence adduced including the admissions of Claimant that he was absent from duty without authority during the period in question due to his incarceration being in jail. Also the Claimant admitted that he had been found guilty of theft over $150 and sentenced to two years probation in connection with that incarceration.

The discipline, particularly in view of Claimant's abominable discipline record, which includes two dismissals, all of which discipline, except two, concerned a failure to protect his assignment, depicts an employee who does not care to protect his employment or to work for the Union Pacific Railroad. The Carrier should not be required to

-2- Award No. 524

keep in its employ such an employee. This claim will be denied.

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