Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28987
 THIRD DIVISION Docket No. MS-28428
 91-3-88-3-240
 The Third Division consisted of the regular members and in
 addition Referee Edwin H. Benn when award was rendered.

 (James E. McDade PARTIES TO DISPUTE:

STATEMENT OF CLAIM:

 "1. Whether there is just and sufficient cause to sustain James E. McDade's discharge of September 10, 1987; and

 2. Whether there is just and sufficient cause for the railroad to declare that James E. McDade's tbrmination was a forfeiture of seniority; and

 3. Whether race discrimination was a factor in James E. McDade's termination of September 10, 1987; and

 4. Whether James E. McDade was granted a fair and impartial investigation in his termination investi
5. Whether the termination was too severe a punishment under all of the circumstances; and

 6. Whether the termination of James E. McDade was supported and justified by the adequate quantum of proof required in these kinds of cases; and

 7. Whether the railroad made a reasonable accommodation to James E. McDade's disabling condition of depression; and

 8. Whether James E. McDade should have been placed in an alcohol and drug rehabilitation program as an alternative discharge."

 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.
Form 1 Award No. 28987
 Page 2 Docket No. MS-28428
 91-3-88-3-240
 This dispute was considered in First Division Award 23956 which
 denied the claim. That Award governs this claim.




                          By Order of Third Division


Attest. ` r
 Nancy J er - Executive Secretary

 Dated at Chicago, Illinois, this 24th day of September 1991.