(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (The Atchison, Topeka and Santa Fe ( Railway Company



(a) Carrier violated the rules of the current Clerks' Agreement at Topeka, Kansas, commencing March it wrongfully discharged H. T. Albright, R. D. Lehrman and L. E. Stephey from service, and

(b) H. T. Albright, R. D. Lehrman and L. E. Stephey shall now be reinstated with all their seniority rights and other rights accruing thereto unimpaired, and shall be compensated for eight (8) hours' pay at pro rata rate of positions held March 6 and,4qr''7, 1978, for each work day commencing March 7 and/or March 8, 1978;--and continuing until such time as they a
(c) Upon expiration of sixty (60) days from date of submission, Carrier shall also pay ten per cent (10%) interest on the amounts claimed.

OPINION OF BOARD: The claimants were employed in Carrier's Materials
Department at Topeka, Kansas.

On March 6, 1978, each of the claimants was notified that he was being held out of service pending formal investigation to be held on March 10, 1978.

Also, on March 6, 1978, claimants were notified in separate letters by Carrier's Manager of Materials - System, to report for formal investigatiom on Friday, March 10, 1978, at 9:30 A.M_ to develop the facts and place responsibility, if any, in connection with possible violation of Rule 6 of the General Rules for the Guidance of Employes, Form 2626 Std., effective May 1, 1975 and Rule 7 of the Safety Rules for Santa Fe Employes, Form 2929 Std., effective



April 15, 1976, concerning the alleged possession and use of marijuana while on duty on the part of claimant Stephey on February 21, 1978, claimant Lehrman on February, 21 and 22, 1978 and claimant Albright on February 21, 22, and 23, 1978.

- The investigation was conducted as scheduled. On March 22,
1978, each of the claimants was notified of removal from service for
violation of the rules cited in the notices of investigation.

Rule 6 of the General Rules for the Guidance of Employes reads:

      "The use of alcoholic beverages, intoxicants or narcotics by employes subject to duty, or their possession or use while on duty, or on Company property is prohibited.


      Employes must not report for duty under the influence of any drug, intoxicant, medication or other substance (including those prescribed by a doctor or dentist) that will in any way adversely affect their alertness, coordination, reaction, response, or safety. No such drug, intoxicant, medication or other substance may be used by employes on duty or while on Company property."


        Rule 7 of the Safety Rules for Santa Fe Employes reads:


      "The use of alcoholic beverages, intoxicants or narcotics by employes subject to duty, or their possession or use while on duty or on company property, is prohibited."


Copy of the transcript of the formal investigation conducted on March 10, 1978, has been made a part of the record.

Without detailing all the evidence in the investigation, suffice it to say that there was substantial evidence in support of the charge against each of the claimants. There is no proper basis for this Board to interfere with the discipline imposed by the Carrier.

        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;

                  Award Number 22692 Page 3

                  Docket Number CL-22711


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


        Claim denied.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST: ~ &J y
                    -


        Executive Secretary


Dated at Chicago, Illinois, this 11th day of January 1980.