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

 STATEMENT OF CLAIM:

 1. That the Carrier's decision to remove Plains Division Trackmen C. J. Pierson, F. G. Calzada, G. C. Rivera, F. E. Cain, G. D. Hoyqs, S. Loredo, J. V. Moreno, I. G. Sanchez and G. B. Aguilar from service was unjust.

 2. That the Carrier now reinstate Claimants Pierson, Calzada, Rivera,
 Cain, Hoyos, Loredo, Moreno, Sanchez and Aguilar with seniority,
 vacation, all benefit rights unimpaired and pay for all wage loss as
 a result of investigation held January 25, 1984 continuing forward
 and/or otherwise made whole,'because the Carrier did not introduce
 substantial, creditable evidence that proved'that the Claimants vio
 lated the rules enumerated in their decision, and even if claimants
 violated the rules enumerated in the:_decisiony~. ermanent removal
 from service is extreme and harsh discipline un er Me circumstances.

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

 In this dispute the claimants were notified to attend a formal investigation concerning their alleged involvement with the consumption of alcoholic beverages in Bunk Car AT-203191, on Company property at Alpine, Texas on the evening of November 30, 1983 and an alleged fight that took place in the bunk car at approximately 2:30 p.m. on December 1, 1983.

 Pursuant to the investigation the claimants were found guilty and discharged from the service of the Carrier. The Board has examined the 46 pages of testimony and after reviewing all the. evidence, finds that there is sufficient evidence for the Carrier to find that the claimants were guilty. Discipline is justified for all the claimarts, however, the evidence indicates that more serious discipline is justified for claimants C. J. Pierson, F. G. Calzada and G. C. Rivera. '

 It is the finding of the Board that anything in excess of six months is too severe and therefore, at the end'of the six months period of time, on their date of termination, the Carrier is directed to reinstate them with seniority and all other rights unimpaired.

 Claimants, F. E. Cain, G. D. Hoyos, S. Loredo, J. V. Moreno, I. G. Sanchez and G. B. Aguilar deserve some discipline, however, their
 PLB - 1582
 /,s$2- Award No. 260
 Page 2

 acts are not as serious as the other three claimants, therefore, the Carrier is directed to reinstate them with seniority and all other rights unimpaired without pay for time lost.

 AWARD: Claim sustained as per above.

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

                          OrgaanIza ion member

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