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 0. Borden was dismissed from service on April 18, 1991.

        (2) Claim in behalf of Mr. Borden for wage loss suffered beginning April 18, 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 0. Borden, following an investigation held on May 7, 1991, on the charge:


        "...insubordinate when you failed to comply with instructions from Track Supervisor R. D. Newton in his letters of May 10, 1989 and July 28, 1989 to remain drug free indefinitely as evidenced by the positive test result of the follow-up drug test given you on April 5, 1991."


        The Carrier concluded that he was culpable. The Claimant was dismissed from service as discipline therefor.


        The Claimant was accorded the due process to which entitled under his discipline rule.


        There was sufficient evidence adduced, including the admissions of Claimant and in particular the one concerning that he was back on drugs, to support Carrier's conclusion as to the culpability of the Claimant of the charges placed against him.


        In view of the Claimant's past discipline record and the record in this case, the discipline assessed is consistent with the handling of similar other cases. Therefore, this claim will be denied.

C

                                -2- Award No. 559


        Award: Claim denied.


                                4


        'S. . ammons, r., mp yee Member Kathy A. Alexanaer.- Carrier Member

        Arthur 1. van wart-, Chairman

        and Neutral Member


Issued December 19, 1992.