Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27601
 THIRD DIVISION Docket No. SG-27523
 88-3-86-3-788
 The Third Division consisted of the regular members and in
 addition Referee Herbert L. Marx, Jr. when award was rendered.

 (Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:



On behalf of G. W. Broady for reinstatement to his former position and paid for all time lost beginning July 23, 1985, account of the Carrier failed to prove charges against him at the investigation held on July 23, 1985. Carrier file 15-55 (86-6) L."

 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 investigative hearing, the Claimant was dismissed from service based on the following:
Form 1 Award No. 27601
 page 2 Docket No. SG-27523
 88-3-86-3-788
 in Signal Gang No. 6, working,in Nashville Terminal
 and have continued to be absent without permission
 from that same position due to being arrested and
 incarcerated on charges of leaving the scene of an
 accident involving a fatality on Interstate 40,
 Nashville, Tennessee at about 3:30 A.M., June 22,
 1985.
 The investigation clearly developed that you
 were in violation of Rule G of the Safety Rules of
 the Signal Department, in that you were indeed
 occupying facilities paid for by the Seaboard Sys
 tem Railroad Company while under the influence of
 intoxicants on June 22, 1985 and further was in
 violation of Rule G-1 of the Safety Rules of the
 Signal Department when you failed to protect your
 assignment as Signalman on Signal Gang No. 6, work
 ing in Nashville Terminal, thereby being absent
 without permission.
 Based on the above facts, you are hereby dis
 missed from the service of the Seaboard System
 Railroad Company."

 Following an automobile accident in which the Claimant's vehicle was involved, the Claimant was found at lodging facilities provided by the Carrier. At this point, he ha 1985, and had given no notice of his absence. The record shows that a blood test administered to the Claimant established with a high degree of certainty that the Claimant was under the influence of alcohol at the time he should have reported to work and while he was on premises furnished by the Carrier.

 Although he was incarcerated thereafter until July 4, 1985, he made no attempt to report for work until July 16, 1985, thus failing to meet his obligation to protect his position.

 The reason for discharge does not concern itself with the Claimant's later extensive incarceration in jail. Based on proof of the charges, denied to only a minor degree by the Claimant, the Board has no basis to disturb the Carrier's conclusion that the Claimant was in violation of established rules of conduct and no longer suitable for employment.


Form 1 Award No. 27601
 Page 3 Docket No. SG-27523
 88-3-86-3-788
 NATIONAL RAILROAD ADJUSTMENT BOARD
 By Order of Third Division
Attest:
        fancy J. r - Executive Secretary


Dated at Chicago, Illinois, this 27th day of October 1988.