(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STATBENT CIF CLA324: "Claim of the System Committee of the Brotherhood that:

 (1) The dismissal of Track Laborer Freddie Williams for alleged violation of Rule G Was without just and sufficient cause and wholly disproportionate to the offense with which charged (System File TRRA 1979-17).

 (2) Track Laborer Freddie Williams shall be reinstated with seniority and all other rights unimpaired and be compensated for all wage loss suffered beginning January 25, 1979."

 OPINION OF BOARD: Prior to his dismissal from service, claimsat was
 employed as a track laborer. The Carrier states that
 about 11:20 some, January 25, 1979,, claimant was observed by a Patrolman in
 Carrier's Police Department leaving an establishment in East St. Louis,
 Illinois, known as Bonnie's Mavern, carrying a bag containing two battles
 of liquor. The claimant was observed placing the bag in the rear of Company
 Truck No. 298. The Patrolman reported the incident to the Carrier's Assist
 ant Chief Engineer, who went to the Front Street location, where claimant
 was working. Accompanied by a former Track Supervisor, the Carrier's
 Assistant Chief Engineer searched the truck involved and found the bag
 containing the two bottles of liquor and observed that the seals on the
 bottles had been broken. At that time the claimant admitted that the
 liquor belonged to him. Claimant Was removed from service pending the
 outcome of a formal investigation. On January 26, 1979, claimant was
 notified by the Assistant Chief Engineer:



                "Arrange to be present. You are entitled to representation and witnesses in accordance with Rule #24 of the current Agreement between the Terminal Railroad and the Brotherhood of Maintenance of Way Employes."


            On March 1., 1979r claimant was dismissed from service.


            Rule "G" of Carrier's Book of operating Rules reads:


                "(g) The use of intoxicants or narcotics by employee subject to duty, or their possession or use while on duty., is prohibited."


      The Board has carefully reviewed the transcript of the hearing which has been made part of the record. The heeaing was conducted in a fair and impartial manner. There was substantial evidence, including the statement of claimant, that claimant bought the two battles of liquor and placed them on the Oompany Truck while on duty. He was., therefore in violation of that portion of Rule "G" pertaining to "possession" of intoxicants while on duty. Discipline was warranted. However., there is no evidence that claimant consumed any of the liquors, or any evidence of intoxication. Considering claimant's nearly ten years of unblemished service., the Board finds that permanent dismissal was excessive. The time that claimant has been out of service should constitute sufficient discipline.


We will award that claimant be restored to the service with seniority and other rights uniapairedp but without any compensation for ~, ~/ time lost while out of the service.

            FIMIIRGS: 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 Employee involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Act, as approved June 21, 1934;

                  Award Number 23139 Pace 3

                  Docket Number Mw-23286


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

        That the discipline was excessive.


                    A W A R D


        Claim sustained in accordance with the Opinion.


                    NATIONAL RAILROAD ADJUSTMENT BOARD

                    By Order of Third Division

ATTEST: a ,&, PA-4~
        Executive Secretary


Dated at Chicago., Illinois, this 30th day of January 1981.