File 910285


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 L. J. McKinley was dismissed on January 7,
 1991.

        (2) Claim on behalf of Mr. McKinley 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, L. J. McKinley, was required to attend a formal investigation, held on December 20, 1990, on the charge of being arrested on November 3, 1990 in the vicinity of Wayne, Arkansas for possession of a controlled substance (marijuana), DWI driving while intoxicated, driving on suspended driver's license and fleeing from an officer. He later enter a plea of guilty in court to the above charges. The Claimant was dismissed from service as discipline therefor.


        The Board finds that the Claimant was accorded the due process to which entitled under Rule 12.


        There was sufficient evidence adduced including the admissions of Claimant, to support Carrier's conclusion of culpability. All of the necessary legal documentation involving the Claimant's apprehension, arraignment and court hearing were made part of the record.


        The discipline imposed is found to be not unreasonable and is consistent with similar cases handled by this Board. This claim will be denied.


Awar laim denied.

 . A. a ons, Jr., Emp ee Member R. 0. Rock, Carrier Member

                    Arthur T. Van Wart, Chairman and Neutral Member


Issued May 27, 1992.