$ABTIESj 1TCEISOE~. TOPEKA AND SANTA FE RAILWAY COMPANY

DISPUTE BBOTERHOOD OF MAINTENANCE OF WAY EMPLOYEES

 STATEN= OF CLA324: Claim for reinstatement of former Los Angel" Division ate. C. Robinson with seniority, vacation and all other rights and benefits and that ha be compensated for wage toss ' begiapiag Docamber 31, 1980, account discipline (dismissal) accepted by alalnent was excessive.

 FINmIM: This Public Law Board No. 1582 finds that the parties ere n ata Carrier and Employee within the meaning of the Railway Labor Act, as amnded, and chat thisBoard has jurisdiction.

 In this dispute the claimant was charged with being abusive, vicious, and under the influence of intoxicants while on duty at the Sheila Street Material Yards on December 31, 1980.

 On the date of the investigation the claimant herein, in the presence of the Local Chairman. waived his right to an investigation and sea sp ted responsibility in connection with the charge. On January 28, 1981. the claimant accepted dismissal for his responsibility.

 Therefore there is no basis to overrule the decision of the Carrier.

 AWARDi Claim denied.



                              Carrier Member.


Chicago, Illinois '
 February 17, 1983.