PARTIES TO DISPUTE:



Claim on behalf of P. Crowley for reinstatement to his position as signalman and all rights and benefits restored account of carrier violated the current signalmen's Agreement when it dismissed him from service on September 25, 1985, following an investigation concerning probably violation of certain carrier rules. Carrier file NEC BRS SD 227-D."

 OPINION OF BOARD: Prior to the occurrence giving rise to the dispute herein,
 Claimant was employed by the Carrier as a Signalman in
 Carrier's Communication and Signal Department, headquartered at Perryville,
 Maryland.

 During the evening of July 19, 1985, while Claimant was off duty, he was arrested by Maryland State Police for driving under the influence of alcohol. When arrested seve vehicle, which were identified the next day as company property. On July 22, 1985, Claimant was suspended from Carrier's service. On July 25, 1985, he was notified to attend Trial beginning at 9:00 A. M., July 31, 1985, in connection with the charge:



                      Docket Number SG-27288


After one postponement, the Trial was held on September 4, 1985. Claimant was present throughout the Trial and was represented. A copy of the Transcript of the Trial has been made a part of the record. On September 25, 1985, Claimant was notified of his dismissal from the service. The Claimant appealed the discipline to the Assistant Chief Engineer-C&S/ET, who denied the appeal. Claim was then progressed to Carrier's highest designated official of appeal by authorized representative of the Organization. On January 27, 1986, the Carrier's Director-Labor Relations responded to the General Chairman, taking the position that there was no dispute in the record that Claimant was carrying cable belonging to the Carrier in the back of his private vehicle at the time he was stopped by Maryland State Police, and that Claimant had no authorization to have the Carrier's property at the time. In the Investigation it was developed that to contend that there was substantial evidence adduced at the Trial in support of the charge against Claimant, and that the contentions raised by Claimant in his defense were unpersuasive and self-serving.

 The Director of Labor Relations, in his letter of January 27, 1986, did propose a compromise offer in full and final settlement of the dispute, under which Claimant would be restored to service without pay for time lost and under other specified conditions. No response was received by the Carrier and the Director of Labor Relations again wrote the General Chairman on June 13, 1986. On July 3, 1986, the General Chairman advised the Carrier of the difficulty that he (the General Chairman) had experienced in contacting the Claimant, and went on to state:

          "(claimant) is fully aware of the letter of understanding and its contents. For no apparent reas the terms of the letter of understanding are not agreeable to him."


It is well settled that offers of compromise made in an effort to settle disputed Claims prior to referring them to this Board are not permissible evidence. (Second D 3829).

 Based upon the entire record, the Board finds that the Trial was conducted in a fair.and imparti adduced at the Trial in support of the charge against Claimant, and, considering the nature of the o justified. Any request for leniency on behalf of Claimant addresses itself to the Carrier and not to this Board.
                      Award Number 26336 Page 3

                      Docket Number SG-27288


        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:

      Nancy J. D ver - Executive Secretary


Dated at Chicago, Illinois, this 8th day of June 1987.