(Brotherhood of Maintenance of Way Employer
 PARTIES TO DISPOTE:
 (Missouri Pacific Railroad Company
 ( (Former Chicago & Eastern Illinois Railroad)

(1) The dismissal of Messrs. D. L. Carter, J. L. Rutherford, R. W. Crain, R. D. Drew, L. D. McAdoo and C. R. Echols was improper, without just and sufficient cause and in violation of the Agreement (Carrier's File % 214 -75).

 (2) The claimants be reinstated with seniority and all other rights unimpaired and they be compensated for all wage loss suffered."

 OPINION OF HOARD: Claimants were the Foreman and members of Section ,
 Gang Ho. 5760 working out of bunk cars near Joppa,
 Illinois. The gang had been warned during early April 1976 by Rosdmaster
 Pratt that production was not sufficient and that he would be checking
 periodically on their progress. Thereafter Pratt assigned Foreman Redclond
 toAasist Foreman Carter and to keep an eye on Gang 5760. On the
 morning of Friday, April 23, 1976 Roadmsater Pratt and Trainmaster
 Everett made an unannounced inspection of the bank cars and the Gang's
 work site near Karnak, Illinois. On the basis of that inspection
 Claimants were notified to appear for investigation into the following:





          "Mr. Crain is further charged with being under the influence of intoxicants or narcotics while on duty Thursday, April 22, 1976 and with being in no condition to perform service when found on property at Karnak, 117.imis at about 8:x+0 A.M. Friday, April 23, 1976."


Following the investigation Claimants were judged culpable and terminated from all service.

        The hearing transcript shows that Pratt and Everett arrived at

the bunk cars by Hi Rail vehicle shortly before 8:00 am. Gang 5760
 was scheduled to begin work at 7:30 am. As Pratt and Everett approached
 the bunk cars on foot, Foreman Carter appeared and shouted in words or
 substance, "Get out of here, Pratt is around somewhere." Several men
 thereupon burst through the doors, leapt into nearby vehicles and sped
 off. Pratt and Everett entered the bunk car where the Claimants had spent
 the previous night. They found in excess of twenty (20) empty beer cans
 on the floor, an open half bottle of vodka and two six packs of unopened
 cold beer. A note on the table signed by Drew and Rutherford stated that
 they were drunk and would see the others at Karnak. The car was in a
 state of filthy disarray with the garbage cans fill of additional empty
 beer cans. Substantial evidence, including admissions, establishes that
 Claimants had an alcoholic binge the night of April 22, 1976 in that
 bunk car. The additional charges against Drew, Rutherford and Crain
 likewise are suported by substantial evidence. The excuses offered by
 Claimants are too pathetically inadequate to require much elaboration.
 Fore ale we are wt persuaded that the condition of the bunk car can
 be attributed to "strong winds" blowing through the area, that the
 empty beer cans all were "ash trays," or that the unconstmied beer and
 aleobol were just being stored for transport home after duty hours. We
 take no joy in presiding over the wholesale dismissal of a .gang of
 employer but clearly Carrier acted reasonably in-coualndlag that they
 were culpable and, given the offenses, the penalty was not excessive.

        FMIRGS: 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 Employer within the meaning of the Railway Labor Act, as approved June 21, 1934;
                    Award Number 22637 Page 3

                    Docket Number NW-22206


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

        That the Agreement was not violated.


                    A W A R D


        Claim denied.


                        NATIONAL RAILROAD ADJUSTS HOARD

                        By Order of Third Division


ATTEST: zL v&Z~qExecutiveSecretary

 Dated at Chicago, Illinois, this 30th day of November 1979.