PARTIES TO DISPUTE:

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

 (1) The dismissal of Trackman T. J. Harris for alleged violation of 'Rule 18' was without just and sufficient cause, an abuse of justice and discretion by the Carrier and on the basis of unproven charges (System File 37-SCL-81-20/12-39 (81-1036) K3).

 (2) The claimant shall be reinstated with seniority and all other rights unimpaired, his record shall be cleared and he shall be compensated for all wage loss suffered."

 OPINION OF BOARD: The record shows that Carrier's Division Engineer, in checking
 on other matters, learned of a rumor that claimant "had been
 in trouble in Georgia." Further investigation by Carrier developed that on
 April 22, 1981, claimant had appeared before Superior Court Judge Elie L. Holton,
 Waycross Judicial Circuit, Waycross, Georgia, and pleaded guilty to five counts
 of violation of the Georgia Controlled Substance Act, involving the following
 cases:

                      Count 2. Violation Georgia Controlled Substance Act. On June 11, 1980, did unlawfully sell a controlled substance, to wit: Secobarbital and Amobarbital, a Schedule II drug, in violation of the Georgia Control Substance Act, for the amount of $2.00, same being sold to Rick Akers.


                      Case 81R-47-Count 3. Violation Georgia Controlled Substance Act. On June 13, 1980, possessed a controlled substance, to wit: Amobarbital and Secobarbital, Schedule II drugs, in violation of the Georgia Controlled Substance Act.


                      Case 81R-48-Count 4. Violation Georgia Controlled Substance Act. On June 13, 1980, possessed a controlled substance, to wit: marijuana, more than one ounce in violation of the Georgia Controlled Substance Act.

          Award Number 24728 Page' 2

                    Docket Number MW-25025


                        Case 81R-49-Count 5. Violation Georgia Controlled Substance Act. On June 13, 1980, possessed a controlled substance, to wit: cocaine, a Schedule II drug, in violation of the Georgia Controlled Substance Act.


Claimant was sentenced to 10 years probation on each count, to run concurrently, and fined $1,000.00 plus court costs on Count 1 and $1,000.00 or. Count 2.

 Carrier's Rule 18 of the Safety Rules for Engineering and Maintenance of Way Employes reads:

        "18. Disloyalty, dishonesty, desertion, intemperance, immorality, vicious, or uncivil conduct, insubordination, sleeping on duty, incompetence, making false statements, or concealing facts concerning matters under investigation, will subject the offender to dismissal."


On July 10, 1981, claimant was instructed to attend a hearing on the charge:

        "You are hereby charged with violation of Rule 18 of the Safety Rules for Engineering and Maintenance of Way Employes effective September 1, 1967. These charges result from your conviction of five counts of the Georgia Controlled Substance Act. You are specifically charged with that portion of Rule 18 dealing with disloyalty in that your conviction of these charges brought discredit to this Company and also you are specifically charged with that portion of Rule 18 dealing with immorality as a result of your conviction of these charges.


        Arrange to attend a formal hearing to be given to you in my office, 101 Hammond Street, Rocky Mount, North Carolina, at 9:00 A.M., July 28, 1981. You may have present any witnesses who have knowledge of this matter and you may have representation if you so desire, in accordance with the agreement under which you are employed. Your personal record file will be reviewed in the hearing."


The hearing was conducted as scheduled. A review of the transcript shows that the hearing was conducted in a fair and impartial manner. Claimant was present throughout and was represented. In the hearing the claimant admitted that he had pleaded guilty in court to each of the charges involved.

 This Board has generally taken a dim view of cases of employes using or trafficking in drugs. In our recent Award No. 24525, involving a situation quite similar to the one here involved, we held:

        "Claimant pled guilty to the court charges. Pursuant to plea agreement, sentence was suspended. Claimant was fined $1,000.00 and placed on probation for a period of five years.


        The use of drugs, or the dealing in drugs, is considered a serious offense in the railroad industry, usually resulting in dismissal. See Second Division Awards 8205, 8237, Award 8 of Public Law Board No. 1324, and Third Division Awards 24356, 23264, 22530, and 22547."

            Award Number 24728 Page 3

                      Docket Number MW-25025


See also Second Division Award 8001, and Third Division Awards 23410 and 24608.

        The claim will be denied.


        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 RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST: e~
 Nancy l r - Executive Secretary

        Dated at Chicago, Illinois, this 30th day of March, 1984.