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

 Statement
 of Claim: 1. Carrier violated the agreement, especially Rule 12,
 when Trackman A. W. Newton was dismissed on December 27,
 1990.

        (2) Claim on behalf of Mr. Newton for wage loss suffered, until reinstated with seniority, vacation and all other rights unimpaired.


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

        The Claimant Trackman A. W. Newton, attended a formal investigation held on December 3, 1990 on the charge:


        "...allegedly insubordinate when you failed to comply with instructions from Track Supervisor L. D. Briggs in his letters of May 10 and August 9, 1989 to remain drug free indefinitely as evidenced by deposit of test result of the follow-up drug test given you on October 11, 1990 at or near Mesquite, Texas."


        He was found culpable and dismissed from service as discipline therefor.


        This case is identical to that of our Award 452 the findings of which by reference are incorporated herein and made part hereof.


        The Claimant was initially found to be in violation of the Carrier's physical routine examination policy of April 10, 1989. The Claimant was advised under date of May 10, 1989 that during a routine medical physical he had tested positive for drugs. The Claimant was advised August 9, 1989 to remain drug free. He was given a follow up drug test on October 11, 1990. He tested positive again.


        Therefore, when Claimant Newton tested positive a second time, an investigation for insubordination was held. Carrier properly concluded that the Claimant had failed to comply with the written instructions outlined in his various policies.

                        -2- Award No. 533


        Claimant was accorded the due process to which entitled. There was sufficient, competent evidence adduced which supported Carrier's conclusion of his culpability.


        The Claimant's dismissal was consistent with the handling of similar cases. This claim will be denied.


Award: Claim denied.

 . A. ammons, r., p oyee Member R. 0. Rock, Carrier Member

                      ,G!

                    Arthur T. Van Wart, Chairm~ and Neutral Member


Issued May 27, 1992.