(Brotherhood of Railway, Airline and
 ( Steamship Clerks, Freight Handlers,
 ( Express and Station Employes
 PARTIES TO DISPUTE:
 (Southern Railway Company

(a) Carrier violated the Agreement at Charlotte, North Carolina, when it dismissed Mr. Robin H. Schipman from the service of the Carrier for alleged conduct unbecoming an employee in that he was arraigned in United States Federal Court, Charlotte, N. C., on January 6, 1975 before Woodrow W. Jones on charge of unlawful possession of heroin, adjudged guilty and sentenced to four years suspended, five years probation with fine of $1,500.00.

 (b) Carrier shall be required to restore Mr. Robin H. Schipman to the service of the Carrier with seniority and all rights unimpaired.

 OPINION OF BOARD: Claimant was dismissed on March 21, 1975, on
 charges that he was "arraigned in United States
 Federal Court, Charlotte, N. C., on January 6, 1975, before Judge W. Jones
 on charge of unlawful possession of heroin, unlawful possession with
 intent to distribute heroin, covered by Title 21 United States Code,
 Sec. 841(a) (1), adjudged guilty and sentenced to four years suspended,
 five years probation, with fine of $1,500."

 A hearing, conducted on April 8, 1975, resulted in confirmation by the Carrier on April 10, 1975, that the dismissal would remain in effect. There was no challenge that the hearing was conducted in less than a fair and impartial manner.

 The genesis of the Court action finding Claimant guilty occurred prior to his employment by the Carrier. Claimant's employment commenced on July 22, 1974, and, after a change in assignment, he acquired Clerk seniority on September 26, 1974. It is uncontested that the Carrier, prior to March 21, 1975, had no contemporary knowledge of the Claimant's
 arrest in August 1974 and conviction in January 1975.The Carrier asserts


that if it had the knowledge of the Claimant's pre-employment activity leading to his conviction, it would not have hired the Claimant.

 The conviction itself occurred while the Claimant was employed by the Carrier. Although Claimant's testimony as to what occurred would appear to shed a sympathetic light on his role, the Carrier properly could rely on the actual Court record and the Claimant's guilty plea.

 Given the Carrier's undisputed strong and unequivocal stand toward narcotics and any employe connection therewith, the Board cannot find that the Carrier acted in an arbitrary or improper manner.

 FINDINGS: The Third Division of the Adjustment Board, after giving the
 parties to this dispute due notice of hearing thereon, and
 upon the whole record and all the evidence, finds and holds:

 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 W A R D


                                      r4AR 2 7 1978

        Claim denied.


                                  ~J BER'~ P


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: 49AII oqlr~ I
        Executive Secretary


Dated at Chicago, Illinois, this 15th day of March 1978.