(Brotherhood of Railway, Airline and Steamship Clerks,
 Freight Handlers, Express and Station Employees
 PARTIES TO DISPUTE:
 (Norfolk and Western Railway Company
 ( (Lake Region)

 STATimn or CLRtaI: Claim of the System camaittee of the Brotherh
 that: ood (OL-7052)

 (a) Carrier violated the Agreement between the parties when it unJnatly dismissed Clerk Toseph J. De hold on November 19, 1970;

 (b) Carrier shall reinetute ClerK Joseph J. Devlin to service with all rights unimpaired and reimburse him for all wages lost while hold out of sorvico as a result of this capricious and urtJuSt action by Carrier.

 OPMON ORP BOARD: Carrier held a Foranl Hearing to determine Claimant's
 responsibility, if WW, for "allegedly having been ob
 served while under the influence of intoxicants and using abusive and profnae
 language directed to a svpervieor of this coa!oanp while a duty at Calumet
 Freight Station, Calumet Yard, at epprcaimtel,Y 1:20 A .M., Saturday, November
 14, 1970." Folloning the investigation, Claimant was found guilty of the charge
 Cad dismissed from service with the Carrier.

 A careful review of the record fails to disclose that Claimant's procedural rights wore viclated. Th apprise him of the charges being investigated so that he could adequately prepare a defense. The cha
Thin gird finds that there was substantial evidence adduced at the investigation to resort the charge against him. Claimant denied drinking on duty, but coacedod that he had attended a birthday party earlier that evening at which he had conemgd same alcohol. And the testimmy of three Carrier witnesses given at the investigation was to the effect that Claimant had an odor of alcohol m his breath, that he was unable to properly perform his duties, and that he appeared to be in an intoad.cated condition. There was further testimony that he used abusive and profane language on the date in question.


The Organization contends that the penalty of dismissal was vare"catable and excessive. However, are based upon substantial evidence; that the hearing was conducted is a fair and impartial manner; and that none of Claimant's procedural or substantive rights were violated. Therefore, considering the seriousness of the charge we will not substitute our Judgment for the disciplinary action taken by Carrier and the claim meet be denied.

        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Agreement was not violated.


                      A N A R D


        Claim denied.


                          NATIGKAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


        ATTEST: Executive Secretary


Dated at Chicago, Illinois, this 15th day of September 1972.