The Third Division consisted of the regular members and in addition Referee Martin H. Malin when award was rendered.

". . . Whether an offense committed prior to effective date rule (62) rule (607). But not resulting in conviction until after effective day of rule (62) rule 607 must be reported of such conviction."

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

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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.

Parties to said dispute were given due notice of hearing thereon.

On November 26, 1992, Claimant was issued a notice to report for an Investigation concerning his violation of Rule G, by failing to report his conviction on March 12. 1992, for illegal possession of a controlled substance. Following several postponements, the Hearing was held on April 16, 1993. By notice dated April 26. 1993. Carrier notified Claimant that he had been dismissed from service.

The Board has reviewed the transcript of the Hearing. There is substantial evidence to support the finding made on the property that Claimant was guilty as charged. Dismissal, under the circumstances presented was not arbitrary, capricious or excessive.

AWARD