PARTIES RO DISPUTE ; (Brotherhood of Maintenance of Way &nployes

STATEKENT OF CLAIM: "Maim of the System Committee of the Brotherhood that:

 (1) The dismissal of Trackman Eddie Lee Walker for alleged violation of Rules G and 176 vas without just and sufficient cause and on the basis of unproven charges (System File B-1542-1).

 (2) Traclaan Eddie Lee Walker shall be returned to service with seniority and all other rights unimpaired, compensated for all wage lose suffered and
OPINION OF BOARD: Claimant had about five years of service as trackman. On
 may 6, 1979, claimant was arrested by civil authorities on
 three counts involving possession of marijuana. He appeared in the District
 Court, Lamer County State of Texas, on July 23, 1979j, and pled guilty to a
 felony charge of delivery of marijuana in a useable amount of over one-fourth
 ounce on may 6, 1979. He was sentenced to confinement in the State Department
 of Corrections for a term of three years. The sentence was suspended and he was
 placed on probation for a period of three years. The other two counts were
 dropped by the civil authorities.

 Claimant was removed from service July 31., 19790 for violation of Carrier's Rule "G", which reads:


Following claimant's dismissal, the Organization requested an investigation in accordance with the r questioned the legality of his arrest. Any question in that respect should have been handled with the civil authorities. However, the fact remains that claimant did plead guilty.

 The record shows that claimant was previously dismissed for cause and withheld from service from November 16., 1976, to April 18,, 1977,

 Considering the entire record, the Board finds no proper basis for interfering 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;


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;
'bat 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 ADJM24ENT BOARD

                          By Order of Third Division


ATTEST: PX444!W.;

        Executive Secretary


Dated at Chicago, Illinois, this 3rd day of November 1981.

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