PAZTIES) ATCH"ISON, TOPEI',& AND SAUA Fr Z.4ILRAY COMA-NY

 TO ) ,~,~ ~~. 1 .~
 DISSEUT.') SROTIREM00D OF MALIi;TZiiANCE OF, :JAY EXPLOYEES

 STAMEEEENT OF CLALM:

 i. That the Carrier's decision to remove Plains Division Traciaaaa-s A. D. Valadez from service as result of investigation held December ?, 1961 was injust.

 2. Teat the Carrier now reinstate claimant Valaaez to his former
 psitior
 o ~ . with seniority, vacation, all benefit rights uaimpairad and pay for all wage loss beginning January o, 1902, forward and/or ocaerwisa made whote because the investigation transcript does not contain. substantial evidence that claimant violated the rules caar?ed with in the Notice of Investigation and even if tae Carrier offered substantial evidence claimant violated the rules, discharge is wholly excessive and harsh. .

 aZMMIGS: This Public Law Board No. 1532 finds that tae parties
 ere in: are Carrier and employee within the meaning of the Railway
 Labor Act, as amended, and that this Board has jurisdiction.

 In this dispute the claimant was charged with having marijuana in his possession in Santa Fe Boa Car AT-203133 at Ft. Stockton, Texas on November 17, 1981. Pursuant to the investigation the claimant was discharged from the service of the Carrier.

 The evidence establishes that on November 17, 1931 Division Soecial Agent Marvin Cain, Assistant Division Special Agent Curtis Holden.' and Special Agent Billy 32. Pitzer were inspecting Bunk Car AT-203133 at a siding at =t. Stockton, Texas.

 S?ecial Agent 'Pitzer testified that there was a brown zipper suitcase on top of one of the bunks, that it was open, and the flan wan laid back. He further testified that Special Agent Cain founts a box inside the suitcase which was a brown wooden box with carving on tae front, top and sides, and in this box he found some plastic bags, pipes, cigarette papers and things of that nature, along with a medicine bottle.

 Specie? Agent Pitzer then testified that the plastic bags contained a green plant substance which was suspected to be marijuana, and they took the boxes out of the bunk car. He further testified there wan identification therein for a driver's license for the claimant.
                                        page 2


,S,-,:)s ant ~Iitzecestiried L- ' e 1a° nad to
 n__iai _3_ r - further ^c_G~ r."__r return ad Ca. and tal::ed with tae claim-ant, and L.!e claimant 1C3n
 tifiad tha suitcase as belonging to him and Laat %-?. boa and th2
 ' ver a his.
 ccatents thereof

 Testimony reveals that later the -plant substances in the plastic bags wera analyzed and detarmined to be marijuana.

 'Ma Carrier has established rules that it is a serious offense to use or have aossession of drugs while on Co=any property. This is a raasonaoie rule had one which is ursifoily enforced througaout tae railroad industry.

 The employaes should be warned that possession of marijuana, e-ran though not intended for use while on duty or ::tile on Company Pro:erty, is a serious violation of the Carrier's rules and such :ail'. justify permanent discharge.

 The claimant herein admitted that the marijuana was his and that he did use marijuana when off duty. Under all of the circumstances involved in this case, it is the opinion of the Board that there is no justification to overrule the decision of tae Carrier:

 d7d'': Claim denied.

                                reston ,.. :ioore, Chairman


                              Organization ~!eMbe=


Dated at Chicago, Illinois May 28, 1282
                              Ca== 'eem er