A. Robert awry, Referee


(Southern Railway Company PARTIES TO DISPUTE:
                Brotherhood of Railway, Airline and Steamship Clerks,

                Freight Handlers, Express axe. Station Employee


STATFtENT OF CLAIM: (terrier did not violate the agreement with the Brotherhood
 of Railway, 7~irline and Steamship clerks as alleged, when
 it dismissed Mr. R. G. Register, Clerk, Charlotte, N.C., from the service of
 the Carrier for cause on March 5, 1979.

 Since the agreement was not violated, Mr. Register is not entitled
 to eitht hours' pay at straight time rate, begirt Friday, March 2, 1979,
 Sad continuing on a Monday through Friday daily basis until such time Mr.
 Register is restored to service, as claimed in his behalf by the Clerks'
 Organization*

 OPINION OF BOARD: Mr. R. G. Register, the Claimant, was employed as e
 Demurrage Clerk by the terrier with a seniority date of
 June 8, 1968, assigned hours 8:00 A.,M. to 5:00 P.M., visited the Carrier's
 yard office is Charlotte, N. C. late in the evening of March 1, 1979. About
 11:10 P.M. the Terudnal Trainmnater came to the office and was informed that
 Claimant was caueitZ trouble by disturbing the work force. The Terminal
 Train Master counseled Claimant and after several requests in the privacy
 of his office Claimant left the yard office. About two hours later Claimant
 returned to the office and resumed his disruption of the work farce. At that
 time the Carrier's Special Agent was present and the Terminal Trainmseter was
 summoned by radio to return to the office. Bath attempted to convince Claim
 ant to leave the office without success. The Charlotte, North Carolina City
 Police were celled who persuaded Claimant. to leave the premises* On March $,
 1979, Carrier formally dismissed Claimant from its services by the following
 letter:

    "On Meath 1-2, 1979s between the approximate hours of 11:00 pm and 1:30 em, you were found inside the enclosed areas of the Charlotte Freight Yard, Ticket, Train Order and Call Offices in violation of Superintendent of Terminals F. 4J. Kelley's Instructions dated June 3, 1977, which are posted."


    "In addition, at same times and dates, you were observed in conduct unbecoming an employee in that you were intoxicated while on company property; You used profhne language and created a disturbance, disrupting the orderly work of the clerks, operators and ticket sellers on duty."

                        Award r:umber 235&2 Page 2

                        Docket Number CL-23390


    "As a result of your violation of Superintendent of Terminals F. N. Ke).ler's instructions and conduct unbecoming an employee,, you axe hereby dismissed from the service of Southern Railway Company. Promptly turn in all company property to Agent Terminal Control G. K. MeKi


Claimant's representative requested and obtained an investigation/hearing ]ureunnt to Rule C-1 of the applicable Agreement which was held on March 19p 1979. copy of the transcript of the investigation/hearing was made a part of the retard. ! careful study of the transcript indicates Claimant was given a fair and impartial tearing; he was represented by an accredited representative of his Orgsnization.4 they were permitted to extensively cross examine Carrier's witnesses.. Me C7.aimcat was advised of his right to support his position with xitaessesp but he chose mot to.

 Carrier's Bulletin No. 41 issued by Superintendent of Terminals Keller on June 3, 1977 and reissued on January 1j, 19'T9., posted on all doors leading nto the Freight and Yard Office,, reads as follows:

    "All employeeej, Charlotte Terminal: The past practice of unauthorized people enteriag'the Call Office sad Freight office at their own liecretioa and in violation of posted bulletins x111 refrain from this practice immediately. Any unauthorized person entering the office without permission x111 be subject to formal investigation nod appropriate disciplinary action x111 be taken. Yard Foreman, Yard Engineers and Switchmen are prohibited from handling the drew Book. Information tea be obtained from the Crew Diapetchor and book can be checked only by duly authorized representative."


The record clearly shows Claimant to be.ih violation of these instructions by his presence is the Yard Office during his off duty hours. Claimant contended ',is had came to the office to study an exempt report manual and, had been authorized to do so by the Agent Terminal Oontroh who,, is subsequent testimony denied giving ;uch authority.

 Two witnesses the Terminal Trainmaster and the Special Agent, both of vrham had face to face discussions with Claimant during this period is question, i;estified that he smelled profusely of alcohol, slurred his words to the extent of being incoherent, was disheveled sad most unsteady on his feet. Both concluded Claimant was thoro york force. The record clearly shows the Train Master gave Claimant repeated opportunities to leave the premises but he refused to do so on his second visit which neces:atatxU eviction by the City Police. The Carrier hoe proved its nharges beyond retveonable doubt. The discipline assessed x111 not be disturbed.
 Award Ntmmber 23582
 Docket Number CL-23390

 FINDINGS; The Third Division of the Adjustment Boards after giving the
 pasties to this dispute due notice of hearing thereon and
 upon the whole record and all the evidence, finds and holds:

 That the (terrier and the Employee involved in this dispute are respectively Carrier and ftployes within the meaning of the Railway Labor Acts as approved June 21p 1934;

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

 Page 3

 That the Agreement was not violated.

 A W A R D
Claim of the organization is denied.

 Attest: Acting FScecutive Secretary
 National Railroad Adjustment Board

 NATIONAL RAILROAD ADJUSTMENT BOARD
 By Order of Third Division

 By l
 semarie Brasch - Administrative Assistant

 Dated at Chicago., Illinois this 10th day of March 1982.