(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood

(1) The dismissal of Trackman K. R. Sarsycki was without just and sufficient cause and exceedingly disproportionate to the offense with which charged (System File B-1748)

 (2) Claimant Sarsycki shall be reinstated to service and extended all other benefits and remedies prescribed in Rule 91 (b) (6)."

 OPINION OF BOARD: Claimant entered Carrier's service as a trackman on
 February 14, 1977. On October 21, 1977, claimant and his wife pleaded guilty in Oklahoma County District Court to charges of unlawful possession of marijuana with intent to distribute and unlawful distribution of a controlled substance, and were given two-year deferred sentences on each count. The claimant had been arrested on April 12, 1977, following the sale of approximately one pound of marijuana to a City Detective.
November 7, 1977, and instructed to appear for formal investigation on
 November 19, 1977, on charges that he had pleaded guilty on October 21,
 1977, to unlawful possession of marijuana with intent to distribute and
 unlawful distribution cf a controlled drug, in violation. of Rule-176 and
 General Rule G of the rules for Maintenance of Way and Structures. The
 investigation was conducted as scheduled, with the claimant present. On
 November ?1, 19; r, he was notified of his dismissal from Carrier's
 service.

 General Rule G, referred to in the notice of investigation, reads:



        Rule 176 reads:


              "ESnployes who are negligent or indifferent to duty, insubordinate, dishonest, immoral, quarrelsome, insolent or otherwise vicious, or who conduct themselves and handle their T)ersonal obligations in such a way that the railway will be subject to criticism and loss of good will, will not be retained in the service.


              '!Employes failing or refusing to pay their just debts or against whom bills are frequently presented to the railway for payment will, unless satisfactory reason is given, be dismissed from the service.


              "Unauthorized assignment of wages by employes is prohibited and will be sufficient cause for dismissal."


Based on the entire record, including claimant's statement at the investigation on November 18, 1977, the Board finds no proper basis for interfering with the discipline imposed.

        The claim will be d=enied.


        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,

                    Award Number 22530 Page 3

                    Docket Number W-22716

                    A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: Ax pgw~

        Executive Secretary


Dated at Chicago, Illinois, this 28th day of September 1979.