(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Chesapeake and Ohio Railway Company

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


(1) The dismissal of Trackman G. Perras for alleged 'use and posses sion of intoxicants during your lunch period ... August 21, 1984' was without just and sufficient cause and on the basis of unproven charges (System File C-D 2613/MG-4948).

 (2) The claimant shall be reinstated with seniority and all other rights unimpaired, the charge leveled against him shall be removed from his record and he shall be compensated for all wage loss suffered."

              OPINION OF BOARD: Claimant, a Trackman, was notified to attend a Hearing on September 5, 1984, as he was:


          "Charged with responsibility for use and possession of intoxicants during your lunch period while subject to duty, at approximately 11:40 a.m., Tuesday, August 21, 1984, at Rougemer Yard, Dearborn, Michigan.


AL the Hearing, conducted by Assistant Manager of Engineering J . L. Melcher, there was serious conflict in the evidence. Claimant and his wit nesses denied he had purchased or consumed beer, or had beer in his posses sion, during the lunch period. On the other hand Carrier's Manager of Casualty Prevention and Police, and a Lieutenant of Carrier's Police who had been conducting surveillance because of information received, testified Claimant had an opened quart of beer in a bag in his possession. The Manager testified Claimant drank from the bottle while talking to him. The Lieutenant testified "I believe that I saw . . ." Claimant consume beer. (Claimant was one of a group of employees)
By letter of September 17, 1985, Claimant was notified by letter from Manager-Engineering Rymer that:
        ...It has been found that you are responsible for use and possession of intoxicants during your lunch period while subject to duty at approximately 11:40 A. M. on Tuesday, August 21, 1984 ...."

                      Award Number 26363 Page 2

                      Docket Number MW-26853


        The discipline was dismissal.


The Organization contends Carrier "failed to present sufficient credible or convincing evidence
In reviewing a record this Board must keep in mind that it is not our function to determine whether we would resolve factual issues in the same manner as did the Carrier.
The Organization also argues the decision was not rendered by the Hearing Officer and accordingly Claimant was denied due process. This had not been raised on the property. Accordingly firmly established precedent precludes our consideration of
        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. e r - Executive secretary


Dated at Chicago, Illinois this 25th day of June 1987.