Foam l NATIONAL P,AZLT'ZOAD 1LDJUST:~?T~1 BOARD Award No. 8050
SECOND DIVISION Docket No, 78910
2-r&rr-rte- t 79

The Second Division consisted of the regular members and in addition Referee Robert A, Franden when award was rendered.

( international Association of Machinists ~a,nd Aerospace Workers

Parties to Dispute:

Louisville and Nashville Railroad Company

Dispute: Claim of Fmployes:

That under the tei.:ms of the Agreement, Machinist Thomas J. Jones, was unjustly suspended from the service of the Louisville and Nashville Railroad Company on the date of November 17, 1976,

pend:i r.~; investig~`:, -i.an. Investigation vm.s held an ~1oveznbex' 211, 1976. On December 1G~, l9`; G, he was nubi-1 ied that he sari dismiss4d from the service of the Lou;.sv:i.11e and Nashville Railroad Cozztpany.

`that accordingly,, Machinist Thomas J. Jones be restored to ser!a_ce with pay fox' all. tine lost, seniority rights, vacation, insurance, and al-I other rights unir,!pa:r.red, beginning w:i_th his suspension from service on Nov P.mber 17, 1976 and di smissa1 on I?°cezrber 15, 1976, and continuing until this matter is settled.

Findings:

The Second Division of the Adjustment Board, upon the whole record and all. the evidence, finds that:

The carrier or carriers and the employe or employes involved in this dispute are respectively car tier and employe z~rithin the meaning of the Railway Labor Act as approved dune 21, 1934.

This Division of the Adjustment Board has jurisdiction oven the dispute involved herein.

Forties to said dispute zraived right of appearance at hearing thereon.

Claimant vas dismissed frcm the service of the Carrier after having been found to have engaged in conduct unbecoming an employee of the Carrier, to wit: selling marijuana_ The claimant eras convicted in criminal court after having been charged w-'=th selling 21 pounds of i,.arijuana to a police officer. The Claimant takes the position that in that the offense occurred off duty and off the Carrier's property, it does not support disciplinary action.

The>Board has long held that conduit off the Carrier's pxope~ty while off duty can be grounds for discipline. Dealing in dues is a serious matter fox which the penalty of dismissal is appropriate, We will deny the claim.
Form 1 Award No. 8050
Page 2 Docket No. 7890
2-r&N-rte- t 79

A WA R D

Claim denied.

NATIONAL RAILROAD ADJUSZT~.ETJT BOARD

By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Board

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--RoPemarz.e Brasch - Ac3~-nz.ni:aratlv a Assistant i

Dated at Chicago, Illinois., this ljth day of August, 1979.