(Brotherhood of Railway., Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employee PARTIES 'N DISPUTE: (Chicago, Milxaukee, St. Paul and Pacific Railroad Company

 STATEMENT OF CLAIM: Claim of the Committee of the Brotherhood
 (GL-8984) that:

 1. Carrier violated the Clerks' Rules Agreement at Chicago, Illinois when it charged employe D. Neilsen, held an investigation, affil dismissed him without proving the alleged charges.

 2. Carrier shall now be required to reinstate employe Do Neilsen., clear his records of the alleged charges and compensate him for all lost time commencing February 2, 1979 and continuing until his return to service.

 3. Carrier shall further be required to pay premiums for the claimant's health and welfare., life insurance and dental plea coverage which it would have made had it not unjustly dismissed him fry service.

 4. Carrier shall further be required to pay interest at the rate of seven and one-half (72) percent per annum, compounded annually on the anniversary date of this claim, based on the amoun 2 above.

 OPINION OF BOARD: Claimant was the regularly assigned occupant of Assistant
 Console Operator Position No. 23160, with assigned hours
 3·30 P.M. to 12:00 Midnight Monday through Friday. On February 2, 1979, he
 was notified of formal investigation to be held on February 7, 1979!






                        Docket Number CL-23370


              "3) Allegedly having walked off your assignment without proper authority, thereby no+. protecting your assignment on January 31, 1979, from approximately 8:10 p.m. until the expiration time of your position.


              4) Allegedly failing to perform the assigned duties of your position on January 31, 1979 from approximately 5:15 p.m. to 6:15 p.m. and 8:10 p.m. until the expiration time of your position.


            You may be represented as provided for in your schedule rules and agreements.


            Mr. J. C. Menders has been authorized by me to conduct the investigation."


The investigation was conducted as scheduled and on February 15, 19T9P claimant was notified of his dismissal from service. The claim was handled in the usual manner on the property, and failing of settlement, was referred to this Board.

 A copy of the transcript of the investigation conducted on February 7, 1979, has been made a part of the record. A careful review of the transcript shoos that none of claimant's substantive procedural rights was violated. Claimant was present throughout the investigation and was represented.

 There was substantial evidence adduced at the investigation in support of the charges against the claimant. The claimant admitted consuming alcoholic beverages is the Falcon Lounge during his assigned working hours. There was also substantial evidence in support of the balance of the charges. It is well settled that disciplinary proceedings are not criminal proceedings axes that strict rules of evidence do not apply.

 There is no proper basis for the Board to interfere with the discipline imposed.

        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 23347 Page 3

                        Docket Number CL-23370


That the Carrier and the Employee involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Acts 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 ADJUS24MT BOARD

                        By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago,, Illinois this 14th day of August 19$1.