Robert W. McAllister, Referee


              (Brotherhood of Maintenance of Way Employes


PARTIES TO DISPUTE:
              (Consolidated Rail Corporation


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

 1. The dismissal of Repairman A. C. Swan for alleged violation of Rule 'D' was without just and sufficient cause and on the basis of unproven charges (System Docket 594-D).

 2. The claimant shall be reinstated with seniority and all other rights unimpaired, his record cleared of the charges leveled against him and he shall be compensated for all wage loss suffered."

 OPINION OF BOARD: The Claimant, a Repairman with eight years of service, was
 dismissed from service by letter of November 18, 1983,
 which found him guilty of violating Rule D. The Carrier charged the Claimant
 with being found in a Company vehicle in an intoxicated state on October 28,
 1983. The Organization contends the Carrier failed to meet its burden of
 proof. The Organization argues the testimony does not show or prove a vio
 lation of that portion of Rule D relied upon to support the Claimant's
 dismissal.

 Despite this objection, the Board notes the record establishes the Claimant admitted he parked the Company vehicle on Company property and assertedly walked into Lucas, Ohio. On October 28, the Claimant admitted to consuming five 12 ounce bottles of beer at Lucas. When asked if he considered himself intoxicated when found, he answered, "No, but I did consider myself unsafe to drive." The Police report of the Richland County Sheriff's office lists the classification of offense as "intoxication." The report states the Claimant was passed out in the Carrier's vehicle. It notes the Claimant had a strong odor of alcohol and was unsteady standing. The report states the Claimant said that he had be
This Board concludes the record clearly supports the Carrier's determination the Claimant was gu
                        Award Number 26346 Page 2

                        Docket Number MW-26350


        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 Art 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 ever - Executive Secretary


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