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                                    Docket No. 613

                                    File 930043


        Parties Brotherhood of Maintenance of Way Employes

        to and

        Dispute Union Pacific Railroad Company

        (Former MOPAC)


        Statement

        of Claim: (1) Carrier violated the Agreement, especially Rule 12,

        when B. K. Williams (SSN 437-04-2916) was dismissed from

        service on October 9, 1992.


                (2) Claim in behalf of Mr. Williams for wage loss suffered beginning September 21, 1992, and continuing until Claimant is reinstated to service with seniority, vacation and all other rights unimpaired.


        Findings: The Board has jurisdiction by reason of the parties


                Agreement establishing the Board therefor.


                The Claimant Welder was notified July 10, 1992 that he had been assigned to Bulletin OTP250, Welder, Gang 20360 and to report thereto July 13, 1992. He did not report. A show cause letter was issued. The Claimant, who had a history of absenteeism, responded but the response was deemed insufficient to show just cause. He was withheld from service and an investigation held. The Carrier concluded therefrom that the Claimant was culpable. He 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 to support Carrier's conclusion as to his culpability.


                The discipline was not unreasonable. The record is such that mitigation of the discipline is indicated. The Claimant will be reinstated on a last chance basis with all rights unimpaired but without pay for time out of service. He should meet with his Union representative and a designated Carrier representative to review his record. Also if possible, decide whether EAP could be of assistance to

                reach his apparent real problem.

Award No. 613

 Award: Claim disposed of as per findings.

        Order: Carrier is directed to make this Award effective within thirty (30) days of date of issuance shown below.


J. Pr. Hdmmons, Jr., oye~ber

          A

        ~uZr T. Van Wart, Chairman and Neutral Member


                  Issued January 31, 1994.


    .,

D. A. Ring, Ca rie~ Member