(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9691) that:
(a) Carrier violated the provisions of the current Clerks' Agreement at Gallup, New Mexico, when it discharged C. L. Tolson as a result of a formal investigation held September 24, 1981, and
(b) Ms. C. L. Tolson shall now be returned to service and paid for all loss of wages and benefits.
OPINION OF BOARD: The record shows that Claimant had been in the service
 of the Carrier about four years. At the time of the occurrence
 giving rise to the dispute herein, she was regularly assigned Relief Train
 Order Clerk at Gallup, New Mexico.
On September 4, 1981, Claimant was arrested at her residence about 6:15 A. M., and booked at the Gallup Department of Public Safety Detention Center on criminal charges of two counts of °Distribution of a Controlled Substance.° On September 11, 1981, she was notified by the Carrier to attend formal investigation on September 16, 1981, on the charge:
        "You are hereby notified to attend formal investigation at Trainmaster's Office, Gallup, New 9:00 AM, Wednesday, September 16, 1981, concerning the report that you were arrested by New Mexico law enforcement officers on the morning of September 4, Gallup, New Mexico and allegedly charged with possession, sale and distribution of controlled substances and narcotics, resulting in alleged adverse publicity which could bring discredit on your fellow employes and subject the railroad to criticism or loss of good will, so as to determine the facts and place responsibility, if any, involving possible violation of Rules 2, 4, 14, and 16. General Rules for the Guidance of Employes, effective January 1, 1978.


        You may arrange for representation in line with the provisions of Agreement or Schedule governing your working conditions and you may likewise arrange for the attendance of any desired witnesses.


        Please acknowledge receipt and understanding on attached copy and return to the undersigned."

                    Award Number 24608 Page 2

                    Locket Number CL-24870


        The charge was issued over the name of the Superintendent.


The investigation was conducted on September 24, 1981, following which Claimant was dismissed from the service.
Carrier's General Rules 2, 4, 14 and 16, referred to in the letter of charge, read:
          "2. Employes must be conversant with and obey the Company's rules and special instructions. if an employe is in doubt, or does not know the meaning of any rule or instruction, he should promptly ask his supervisor for an explanation. A copy of Form 2626 Std. is furnished each employe to be retained by him for his guidance.


          4. Employes are required to report rule violations promptly to the proper authority.


          14. Employes must obey instructions from the proper authority in matters pertaining to their respective branches of the service. They must not withhold information, or fail to give all the facts, regarding irregularities, accidents, personal injuries or rule violations.


          16. Employes must not be careless of the safety of themselves, or others; they must remain alert and attentive and plan their work to avoid injury.


          Employes must not be indifferent to duty, insubordinate, dishonest, immoral, quarrelsome or vicious.


          Employes must conduct themselves in a manner that will not bring discredit to their fellow employes or subject the company to criticism or loss of good will."


In the investigation there was no question of Claimant having been arrested and booked on the criminal charges, which the Carrier contends resulted in adverse publicity which created discredit on fellow employes and subjected the Carrier to criticism and/or loss of good will. In the investigation substantial evidence was introduced concerning the publicity given to Claimant's arrest by newspapers in the area. In the investigation four newspaper articles were introduced which bore headlines:
                    Award Number 24608 Page 3

                    Locket Number CL-24870


        "Railroad Employes arrested for Drug Trafficking..."


        "Charges dismissed against railroaders..."


        "7 arraigned on drug charges..."


        "Police Derail Area Railroad Lope Ring..."


It is conclusively shown that the arrest of Claimant and seven other railroad employes on drug charges was "front page" news in the area.
In our opinion the Carrier was justified in its conclusion that the publicity given the case had an adverse effect upon the Carrier and other employes and that discipline was justified.
Considering all the circumstances, the discipline imposed by the Carrier was not arbitrary, capricious or in bad faith. The use of drugs, or the dealing in drugs, is considered a serious offense in the railroad industry, usually resulting in dismissal. The fact that criminal charges against Claimant were not pursued by civil authorities had no effect on the Carrier's right to discipline. The Carrier's right to discipline an employe is unrelated to the action of criminal or civil courts. See Awards Nos. 12322, 13116, 13127, 19929, 20781.
The record shows that six other employes involved in the same drug episode were later offered leniency reinstatement and accepted the offer. Claimant was also offered leniency reinstatement but rejected the offer. Leniency is a matter between the employe and the Carrier. It addresses itself to the Carrier and not to the Board.
        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 Employe 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.

          Award Number 24608 Page 4

                    Docket Number CL-24870

                    A W A R D


        Claim denied.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division


Attest: 'Oeo~

        Nancy J. ver Executive Secretary


Dated at Chicago, Illinois this 13th day of January 1984.
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