Gil Vernon, Referee


(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:
              (Unlvn Pacific Railroad Company


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

 1. The discipline imposed upon Messrs. J. W. Kelly, M. C. Duran, P. F. Anderson, .i. E. Garcia and M. G. Guerrero for alleged violation of 'General Notice, General Rule B and G, General Regulations 700 and 702(B) of Form 7908 "Rules Governing Duties and Deportment of Employes, Safety Instruction and Use of Radio"' was arbitrary, capricious and on the basis of unproven charges (System File 5-19-11-15-55/013-210-AGGKD)

 2. The charges leveled against the claimants shall be removed from their records and they shall be compensated for all wage loss suffered."

 OPINION OF BOARD: The Claimants were all removed from service on May 27,
 1983, due to an incident occurring on that date. An Investigation was scheduled for June 10, 198 with violating the following Rules:

          "General Notice: Safety is of the first importance in the discharge of duty. Obedience to the rules is essential to safety. To enter or :amain in the service is an assurance of willingness to obey the rules. The service demands the faithful, intelligent and courteous discharge of duty.


          General Rule B: Employes must be conversant with and obey the rules and special instructions. If in doubt a;. 'o their meaning, they must apply to proper authority of the railroad for an explanation.


          General Rule G: The use of alcoholic beverages or narcotics by employes subject to duty is prohibited. Being under the influence of alcoholic beve alcoholic bever:..;,_s or narcotics while on duty or on company p._;.rty is prohibited.

                      Award Number 26600 Page 2

                      Docket Number MW-26139


          "General Regulation 700: Employes will not be retained in the service who are careless of safety of themselves or others, insubordinate, dishonest, immoral, quarrelsome or otherwise vicious, or who do not conduct themselves in such a manner that the railroad will not be subjected to criticism and loss of good will, or who do not meet their personal obligations.


          General Regulation 702(B): Employes must comply with instruction from proper authority."


Subsequent to the Hearing, the Claimants' were dismissed. However, they were allowed to return to work approximately 97 days later.

 After reviewing the record, the Board is thoroughly convinced of the Claimants' guilt and thoroughly convinced that the penalty was not too harsh. Thus, because of the overwhelming nature of the evidence, we cannot find that the due process argument advanced by the Organization is a basis for vacating the discipline. However, we are compelled to point out that if the Carrier holds a joint Hearing in the future, it would be improper to sequester each Claimant. They are entitled to remain present throughout the entire proceeding.

        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.

                      Award Number 26600 Page 3

                      Docket Number MW-26139


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest: / ,

      Nancy J. Dever - Executive Secretary


Dated at Chicago, Illinois, this 27th day of October 1987.