' Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8205
 SECOND DIVISION Docket No. 7940






    (

    PARTIES TO DISPUTE: ( and

                  ( Norfolk & Western Railway Company


Dispute: Claim of Employes:

          1. That under the terms of the controlling agreement, Helper Molder, G. W. Morris was informed that as of a result of investigation held on July 27, 1977, he was dismissed from all services with the Norfolk and Western Railway Company as of August 9, 1977.


          2. That accordingly, the Norfolk and Western Railway Company be ordered to reinstate Molder Helper, G. W. Morris and remove all references to this investigation from the Claimant's record, that he be paid in the amount of eight (8) hours at the pro rata rate for each day of his work week assignment beginning on the actual day of suspension as of the date of August 10, 1977, with 6%, annual interest. Also, that ha be restored to service with all rights unimpaired, health and welfare benefits restored including all seniority and vacation rights as if he had continued in the service

          of the Norfolk and Western Railway Company from the above `

          date.


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 carrier and employ within the meaning of the Railway Labor Act as approved June 21, 1934.
    This Division of the Adjustment Board has jurisdiction over the dispute involved herein.


      Parties to said dispute waived right of appearance at hearing thereon.

Form 1

 Page 2 Award No. 8205
 Docket No. 7940
 2-N&W-SM- · 79

 Pursuant to investigation properly held the claimant was dismissed from the service of the carrier after having been found to have violated a company regulation by having been convicted of a felony, to wit: the distribution of a controlled substance. The company regulation reads as follows:

        "The conduct of any employee leading to conviction of any misdemeanor involving moral turpitude (including, without limitation, the unlawful use, possession, transportation or distribution of narcotics or dangerous drugs) or of any felony is prohibited."


    The record of the investigation supports the carrier's finding that

the claimant had indeed been convicted of a felony which was a breach of I
 the regulations. The crime for which claimant was convicted was serious. i
 The penalty of dismissal is well within the bounds of reason for cases such
 as this. The carrier is not required to deal lightly with employes who
 engage in felonious drug dealing.

                      A W A R D


    Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Second Division


Attest: Executive Secretary
 National Railroad Adjustment Board

 By
 _7osemarie Brasch - Administrative Assistant

 Dated at Chicago, Illinois, this 19th day of December 1979.