Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27083
 THIRD DIVISION Docket No. MW-27315
 88-3-86-3-427
 The Third Division consisted of the regular members and in
 addition Referee Charlotte Gold when award was rendered.

 (Brotherhoid of Maintenance of Way Employes PARTIES TO DISPUTE:

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

 (1) The dismissal of Trackman-Machine Operator C. K. Fultz, Trackman R. L. Ludgate and Trackman V. R. Sendejas; and the fifteen (15) days' suspension of Trackman R. L. Cumbie for alleged violation of Rules 'E', 'G', 'H' and Safety Rule 141 was arbitrary, capricious, on the basis of unproven charges and in violation of the Agreement (Carrier's File MW-1.85.30).

 (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."

 FINDINGS:
The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:

 The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Following an investigation held on October 10, 1985, Claimants were dismissed from Carrier's service, while Claimant was issued a fifteen-day suspension. Claimants had the Carrier's Rules and Regulations, and Rule 141 of the Safety Rules, in that, on October 3, 1985, they were allegedly observed on duty, on Company property, smoking marijuana (or, in the case of Claimant Cumbie, watching the smoking of marijuana), not performing assigned duties for a prolonged period of time, and not wearing hard hats.
 Form 1 Award No. 27083
 Page 2 Docket No. MW-27315
 88-3-86-3-427

 This Board has reviewed the entire record of this case, including the transcript of the investigation, and finds that, given the direct testimony if KCS General Superintende:it .John Kusman, who observed the incident, as well as the positive laboratory reports, it must be concluded that Carrier has sufficient basis on which to Cumbie, we have noted ii Third Division Award 25688 that discipline is appropriate where Claimants " Rules and failed to make an effort to protect the Carrier's operations as they are expected and required to do."

 Rule G of the Carrier's Rules and Regulations states that the possession of alcoholic beverages, dismissal. In light of Claimants Fultz, Ludgate, and Sendejas' clear violation of this Rule, their d





                          By Order of Third Division


Attest:
        Nancy J er - Executive Secretary


Dated at Chicago, Illinois, this 17th day of May 1988.