Form 1 NATICIVILL RAILROAD ADJUSTMENT BOARD Award No. 8345
 SECOND DIVISION Docket No. 8300
 2-IHB-BM-'80
 The Second Division consisted of the regular members and in
 addition Referee 1Iigdon C, Roberts, Jr. when award was rendered,

Parties to Dispute:. --( (Boilermakers)


Dispute: Claim of Employes:




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 employe within the meaning of the Railway Labor Act as approved tune 21, 1934.

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

The hearing officer has considerable discretion in the conduct of the investigation, and the calling of witnesses. He must, however, have good reason for denying a witness for a claimant. In this case, sufficient reason for denial seemed very slim. In addition, the hearing officer throughout the hearing used language that clearly indicated unwarranted pre-judgment, In spite of all this, I believe the bulk of the facts came out,

 It is common practice to stray from an immediate work-site on the railroad. It is often impossible to even determine specific job-sites. If the worker is not off the property, or clearly 'chiding out", this accusation is seldom made. It is not proven in this case.

 No evidence of marijuana was ever produced at the hearing. We have the testimony of non-experts that is certainly not compelling.

 We, therefore, find for the claimant - sustained. His record should be cleansed.
 Form 1 Award No. 83+5
 Page 2 Docket No. 8300
 2-IHB-BM-'80
 A W A R D 140010,





Attest: Executive Secretary
 National Railroad Adjustment Board

 By L0~-W.,~
 emarie Brasch - Administrative Assistant

 Dated t Chicago, Illinois, this 21st day of May, 1980.