PUBLIC LAW BOARD N0. 1582

PARTIES) THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
TO )
DISPUTE.) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES

AWARD No. 103 Case No. 121

STATEMENT OF CLAIM: Claim in behalf of former Trackman D. R. Martinez, aIns DJ ion, for reinstatement with seniority, vacation and all other rights unimpaired and with pay for all time lost as a resultof his dismissal from service at investigation September 8, 1978.

FINDINGS: This Public Law Board No. 1582 finds that the parties
eres.n are Carrier and Employee within the meaning of the Railway Labor Act, as amended:,. and that this Board has jurisdiction.

ra this dispute. the: claimant was dismissed from. the service of the Carrier pursuant to an investigation held September 8, 1978. The claimant was: charged whiz a violation of Rule 6, Form 2626 Standard (General. Rules for the: Guidance of Employees). The claimant was charged with possession of marijuana on Company property on. August l4_ 7.978: at Canadian,. Texas:.

The Organization has. filed:azz extensive brief in support of their position that the claimant should be. reinstated and paid, for all time lost,, and there=is also an extensive transcript.

After a.careful review of aIL the testimony and the transcript, it. is the opinion of the. Board that the claimant himself admitted possession of marijuana while on Company property (See Page 5 of the transcript). A violation, of Rule 6 is considered to be an extremely serious. charge, and possession of marijuana on Company property justifies discharge.

AWARD: Claim. denied.

irman

OrgarLtzation Member

arr Member