Robert W. McAllister, Referee


Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employes PARTIES TO DISPUTE:
                Seaboard Coast Line Railroad Company -


STATEMENT OF CIAIM: Claim of the System Committee of the Brotherhood (GL-9513)
                that:


1. Carrier acted arbitrarily, capriciously, and in a harsh and discriminatory manner, violating Rule 15 and other rules of the Agreement, when on September 8, 1980, it dismissed from service Truck Operator H. K. Spaulding, and

        2. As a consequence, Carries shall:


a. Reinstate H. K. Spaulding to the service, clear his service record of charges set forth in Mr. J. 0. Parketon's letter of August 8, 1980, and any reference in connection therewith.

 b. Compensate H. K. Spaulding for all time lost and other benefits' taken from his as a result of Carrier's action.

 OPINION OF BOARD: Seacoast Transportation Company is a subsidiary of Seaboard
 Coast Line Railroad Company engaged in trucking. The Claimant H. K. Spaulding., has been employed by the Carrier as a truck operator since June 6., 1965. On July 28.. 1980.. a Polk County, Florida,. Circuit Court Judge sentenced Claimant to ten (10) years probation as a result of his plea of "nolo contendere" to three counts of possession of a controlled substance and one count of posession of drug paraphernalia. On August 1., the Carrier directed Claimant to appear for a formal investigation on August 15., 1980, charging him with violation of Rule 12., conduct unbecoming an employee and Section 392.1+ of the Federal Motor Carrier Safety Regulations dealing with the use and possession of substances which render an employe incapable of safely operating a motor vehicle.

 The investigation was held on August 28, 1980, and Claimant was found to be in violation of conduct unbecoming an employe and, thereby, dismissed from service. The Organization argues the Carrier has failed to support its action and, in fact, Claimant never pleaded guilty to the charges and was not adjudged guilty of such charges. The Carrier contends that, while Claimant was off duty at the time of his arrest, the charge of "conduct unbecoming an employee" is well proven from the Claimant's admissions at the investigation and his plea of "nolo contendere".

 Notwithstanding both parties contentions over the legal connotation of a plea of "nolo contandere", this Board has reviewed the charges as brought by the Carrier and the record developed at the investigation. That transcript
                        Award Number 242$1 Page 2

                      Docket Number CIr24270


establishes that the arrest of the Claimant on drug related charges was reported by the Lakeland, Florida, Ledger, and Claimant admitted he was the subject described therein. He also admitted the police, empowered by a search warrant, found drug paraphernalia in his home. Regardless of the nature of his plea, the record clearly shows Claimant to have been placed on ten years probation.

 The charge, "conduct unbecoming an emplo ee", encompasses many acts which result in discredit to the railroad (Carrier. The Board's review of the transcript and the manner in which the investigation was conducted fails to establish grounds which would enable us to state Carrier's determination to dismiss the Claimant was not supported by substantial evidence. On the contrary, we find the Carrier had ample justification to find the Claimant had engaged in conduct unbecoming an employe. The record before us fully supports the Carrier's action.

 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 Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, 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 RAIIROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest: Acting Executive Secretary
 National Railroad Adjustment Board

 By
        Rosemarie Brasch - Administrative Assistant _ _


Dated at Chicago, Illinois, this 23rd day of (larch 1983 %

                                          lug 2 31906

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