Joseph A. Sickles Referee


(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (The Chesapeake and Ohio Railway Company (Northern Region) ( (excluding Hocking Division)

 STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The ten (10) Bays of suspension imposed upon Trackman D. J. Taylor for allegedly 'being wader the influence of intoxicants on Compaq. property and conduct unbecoming an employee at approximately 3:30 p.m.,, Thursdays August 14, 1980, at Saginaw., Michigan' was arbitrary capricious unwarranted and on the basis of unproven charges (System File C-D-998/MG-2886).

 (2) The claimant's record be cleared of the charges leveled against him and he shall be compensated for all wage loss suffered,"

 OPINION OF BOARD: The Claimant was notified that he was charged with being wader
 the influence of intoxicants on Company property and conduct
 unbecoming an Employe. Subsequent to-the hearing on the charges the Claimant was
 found to have been under the influence of intoxicants and it was also found that
 he conducted himself in as unbecoming manner. He was suspended for ten (10) Bays.

 We have reviewed the record at length and we feel that there is evidence in the record to substantiate the Carrier's conclusion of guilt.

 The Board is not unmindful of the Claimant's testimony to the contrary; however there is sufficient evidence of outward indications and physical manifestations-to suggest t he was in violation of Company rules in that regard.

        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidences finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes 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.

                        Award Number 24168 Page 2

                        Docket Nuaber. M47-24350

                        A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTNIENT BOARD

                            By Order of Third Division


ATTEST: Acting Executive Secretary
 National Railroad Adjustment Board

 BY
 Rosemarie Brasch - Administrative Assistant

 Dated at Chicago,.' Illinois this 15th day of.Febrsmty 1983.
    RECEIVED


                k


        r 1rr.n

    e


`~Ch~cogp QffiCO.~ .,.°