(Brotherhood of Maintenance of Way Employes
 PARTIES TO DISPUTE:
 (Louisville and Nashville Railroad Company

(1) The dismissal of TracK Repairman Robert Allen Dunn on July 24, 1974 was without just and sufficient cause and in abuse of the Carrier's discretion fS-ystem File 1-17 (26)/D-105553 E-306-1).

 (2) The Carrier shall now pay Claimant Dunn for all time lost from the date of his dismissal (7-24-74) to the date of his reinstatement and return to service on February 24, 1975.

 OPINION OF BOARD: On June 29, 1974, the Claimant, accompanied by two
 fiends, was arrested by the Mobile, Alabama Police
 Department and charged with "Possession of Marijuana for Personal Use"
 and "Possession of Narcotic Paraphernalia". On July 24, 1974, Claimant
 was convicted of the foregoing charges in the Mobile, Alabama City
 Municipal Court. Carrier conducted an investigation on August 9, 1974
 charging Claimant with violation of General Rule G of the Rules and
 Instructions of the Maintenance of Way Department as a result of his
 conviction in the City Municipal Court. Claimant was found guilty as
 charged and dismissed from service effective July 24, 1974. Claimant had
 appealed his conviction in the City Municipal Court and on November 7,
 1974 both charges were Nolle Prossed on motion of the Assistant District
 Attorney. When Carrier was apprised of this they offered to reinstate
 Claimant to service on a leniency basis but without pay for time lost.
 Claimant refused, however. Claimant did return to service on February 24,
 1975 and he is herein claiming pay for all time lost as a result of his
 dismissal on July 24, 1974.

 The evidence adduced at the August 9, 1974 investigation reveals that Claimant was dismissed from service solely as a result of his conviction in the Mobile City Municipal Court on the charge of possession of marijuana for personal use and possession of narcotic paraphernalia. No evidence, other than his conviction, was introduced to substantiate the allegation that Claimant had violated General Rule G. It is undisputed that the charges againt Claimant were subsequently No?1e Prossed when his case was appealed to the Circuit Court of Mobile County.


                    Docket Number hbI-21507


It is the considered ovinion of this Hoard that when Carrier elected to dismiss Claimant from service solely based on his conviction in Municipal Court, with full knowledge that Claimant had appealed his conviction to a higher court, they thereby assumed the consequences that his conviction might eventually be overturned by a higher court. In fact, laimant's charges were subsequent r None Prossed. I £ matters not that Carrier acted in good faith when t -y dismissed Claimant effective July 24, 1974. Someone must bear the conse -aces of this precipitous action and this Hoard believes it should be t- Carrier, not the Claimant. There is simply no evidence in the record to establish that Claimant was indeed guilty of violating General Rule G. Accordingly, he must be restored to service and paid for all time lost consistent with Rule 27 (b).

        FINDINGS: The Third Division of the Adjustment Hoard, 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 violated.


                      A W A R D


Claim sustained. Claimant to be compensated as required by Rule 27 (b).

                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST:! _
        Executive Secretary


Dated at Chicago, Illinois, this 31st day of may 1977.:`

 _i