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

Statement
of Claim: (1) Carrier violated the Agreement, especially Rule 12,
when W. T. Bishop was dismissed from service on March 17,
1991.

        (2) Claim in behalf of Mr. Bishop for wage loss suffered beginning March 17, 1991, until reinstated with seniority, vacation and all other rights unimpaired.


        Findings: The Board has jurisdiction by reason of the parties Agreement establishing this Board for that purpose.


        The Claimant Trackman was pulled out of service for an alleged violation of Rule G at 10:00 AM on Sunday, March 17, 1991.


        A formal investigation was held in connection therewith. On the basis of the evidence adduced Carrier concluded culpability. The Claimant's service record was reviewed and he was dismissed from service as discipline therefor.


        Claimant was accorded the due process to which entitled under his discipline rule. In fact, the investigation was recessed and resumed on March 25 in order to- present two employee witnesses.


        There was sufficient evidence adduced, to support the conclusion of Carrier that Claimant was in violation of Rule G.


        The discipline was not unreasonable. The Claimant had previously been dismissed therefore for the same offense in 1983. The Claimant did not ask for a blood test or an urinalysis. He was medically disqualified in 1990. We find no cause in the record to change the discipline imposed. This claim will be denied.

Award: Claim denied.

Award No. 548

a.

A. Hammons, Jr., mp Mem eY ~ thy . Alexan er, Car n er Member

                      i~


                    :Ge'~ tae

                    thur. an art, Chairman and Neutral Member


Issued November 28,. 1992.