. STATMM'IT OF CLAM.

That the Carrier's decision to remove Southern Division Tracionan N. Brows, Jr. from: service was unjust.

That the Carries now reinstate Claimant Brown with seniority, vacation, all benefit rights uaimaaired and pay for all wage loss ass result of investigation held September 30, 1983 continuing forward and/or otherwise made whole, because the Carrier did not i=tiaduca substantial, creditable evidence that proved that the CTaimaat violated the rules enumerated is their decision, and even if flaima_r violated the rules enumerated in the decision, permanent removal. from service is estzeme and harsh discipline under the c1resmstances

MTDT:TGS:. This.Public Law Hoard Uo. 1582 finds that tae parties ze_' -'are Carrier ands^,mployee- within the meaning of the- Railway Labor Act, as amended, and that-, this Boar3 has jurisdiction.

is this dispute the claimant was charged with possession of marijuana on Company, property and for. smoking marijuana shout once a week oxr.Company property for three years.

'Me claimant contends that special. Officer J. G. Beatty had advised hi=,. that if he made a statement and signed it, he would go easy on him; otherwise, he would lose his job. The claimant testified that for th is reason., he signed the statement.

I
Whea the claimant signed the statement, he was advised of his rights which. included: .(l~ the right to remain silent; (Z) any statement could be used against him; (3) he ?lad the right to have a lawyer present; (4) if he was uaahle to. employ a lawyer, lie had the right to have a lawyer appointed; (5) he. had the right to terminate the interview at any time.;

The signed statement.of the claimant stated that he had started smoking marijuana when he got out of high. school and it became a habit which carried over when he started to work for the Santa Fe Railroad Company. The c Iz°ixant stated that he knew that smoking marijuana-was against Santa re rules. 'He further stated that e, had- been smoking marijuana on Santa Fe property w-4.th other Santa Fe employees since 1979.
Ls - 1582 - 1 rS93a - Award No.. 251
Page 2

The claimant.'s signed statements which. were introdtdcad into evidence are sufficient. for the Carrier to find that tae claimant was guilty. This is a serious offense, and many Syxtem Boards of Adjustment have held that such constitutes just crause for dismissal.

AWARD: Clasm denied.





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