Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11977
 SECOND DIVISION Docket No. 11716
 91-2-88-2-210
 The Second Division consisted of the regular members and in
 addition Referee Peter R. Meyers when award was rendered.

 (International Association of Machinists and ( Aerospace Workers PARTIES TO DISPUTE: (Illinois Central Railroad

 STATEMENT OF CLAIM:

 1. That the Illinois Central Railroad violated the current and controlling Agreement between the International Association of Machinists and the I.C. Railroad dated April 1, 1935, as subsequently revised and amended, when it harshly and unjustly disciplined (suspended from service on August 2, pending an investigation and dismissed on August 30, 1988), Machinist Gregory L. Hamilton for alleged use of an intoxicant, etc.

 2. That the Illinois Central Railroad reinstate Machinist G. L. Hamilton to service, make him whole for any and all losses incurred as result of the investigation conducted on August 19, 1988, and clear his service record of all reference to the incident.

 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 employes 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.

Claimant was employed by the Carrier as a Machinist at its Johnston Car Shop in Memphis, Tennessee.

 On August 8, 1988, the Carrier notified the Claimant to appear for a formal Investigation in connection with the following charges:
 Form 1 Award No. 11977
 Page 2 Docket No. 11716
 91-2-88-2-210














After one postponement, the Hearing took place on August 19, 1988. On August 30, 1988, the Carrier notified the Claimant that he had been found guilty of the charges brought against him and was dismissed from service effective August 30, 1988. Thereafter, the Organization filed a Claim on Claimant's behalf, challenging his dismissal.

 This Board has reviewed the evidence and testimony in this case and we find that there is sufficient evidence in the record that the Claimant was guilty of violating the terms of his conditional reinstatement when he refused to undergo toxicological testing on August 2, 1988, after being observed by a company employee as not acting "exactly right."

 The record reveals that the Claimant agreed to abstain totally from alcohol and to undergo toxicological testing whenever requested to do so. This refusal is in direct violation of that agreement.

 Once this Board has determined that there is sufficient evidence in the record to support the guilty finding, we next turn our attention to the type of discipline imposed. This Board will not set aside a carrier's imposition of discipline unless we find its action to have been unreasonable, arbitrary, or capricious.

 The record reveals that the Claimant had serious problems with alcohol and alcohol related offenses. He was returned to work on a leniency basis after signing a Rule G waiver. He did not live up to that Agreement and therefore was terminated. This Board cannot find that the action taken by the Carrier was unreasonable, arbitrary, or capricious. Therefore, the Claim will be denied.


Form 1 Award No. 11977
 Page 3 Docket No. 11716
 91-2-88-2-210
 NATIONAL RAILROAD ADJUSTMENT BOARD
 By Order of Second Division

 Attest:
 fancy - Executive Secretary