PARTIES) ATCHISON, TOPEKA AND SANTA FE RAIL14AY COMPANY
 TO )
 DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES

 STATEMENT OF CLAIM:

 1. That the Carrier's decision to remove Southern Division Trackman T. Ray, Jr. from service was unjust.

 2. That the Carrier now reinstate claimant with seniority, vacation,
 all benefit rights unimpaired and pay for all wage loss beginning
 June 7, 1982 continuing forward and/or otherwise made whole, because
 the Carrier did not introduce substantial evidence that proved that
 the claimant violated the rules enumerated in their decision, and
 even if claimant violated the rules enumerated in the decision, perm
 anent removal from service is extreme and harsh discipline under the
 circumstances.

 FINDINGS: This Public Law Board No. 1582 finds that the parties=err 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 notified to attend a formal investigation at Silsbee, Texas on April 27, 1982. The claimant was charged with unlawfully carrying a weapon at approximately 1:00 a.m. on February 14, 1982 at Silbbee, Texas. Pursuant to the investigation, the claimant was discharged from the service of the Carrier.

 The Union filed a claim in behalf of the claimant, and the matter is now before the Board for a final and binding decision.

 The claimant was assigned to Gang No. 74 and had been employed by the Carrier for three years. In eight more days the claimant would have qualified as a machine operator.

 The claimant admitted that he was carrying a knife but did not believe that this was illegal. The claimant had been apprehended by the police and.pled guilty to carrying an illegal weapon.

 The Carrier introduced evidence that the county court records indicate that the claimant had pled guilty to the charge of public intoxication and that an arrest warrant had been issued for his failure to pay the fine. The claimant denied that he pled guilty to the charge of public intoxication. A charge of possession of
 marijuana was dismissed., ,

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the claimant herein was charred with a violation of :~.aes 2 and L6. Lute 16 includes a provision, that an employee must riot be indifferent to duty, insubordinate, dishonest, iirmoral, quarrels cane or vicious, and that employees must not conduct themselves in a manner which will bring discredit on their fellow employees or subject tile company to criticism or loss of good will.

 The claimant's conduct certainly reflected poorly upon the Carrier, but there is no evidence that the newspaper article listed claimant as a Santa Fe employee.

 Serious discipline is justified, but in the opinion of the referee the facts and.evidence submitted do not offer sufficient evidence to justify permanent dismissal. Therefore the Board finds that the claimant should be reinstated with seniority and all other rights unimpaired but without pay for time lost.'

 AWARD: Claim sustained as per above.

 ORDER: The Carrier is directed to comply with this award within Tiny days from the date of this award.

                              reston U core, Chairman


                              rganszation Hem er


                              arrier Member