PUBLIC LAW BOARD N0. 1582
PARTIES) THE ATCHISON, TOPEILA & SANTA FE RAILWAY COMPANY
 TO

 DISPUTE)

 BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES

 AWARD NO. 04 Case No. 74.

 STATEMENT OF CLAIM: Claim in behalf of former trackman, John Rebel, Colorado Division, for reinstatement to his former position with all rights unimpaired and wages for all time lost beginning on November 21, 1975 and continuing forward until he is restored to service.

 FINDINGS: This Public Law Board No. 1582 finds that the parties herein 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 dismissed from the service of the Carrier for an alleged violation of Rule 6, General Rules for the Guidance of Employees, Form 2626 Standard, 1975, which states that the use of alcoholic beverages, intoxicants or narcotics by employees subject to duty, or their possession or use while on duty or on company property, is prohibited.

 The Board has examined the testimony and evidence of record, and it is clearly established that the claimant was in possession Jf,marijuana while on company property. The claimant himself was asked -the qaestion:

The claimant responded to this question as follows:

The Organization contends that the Carrier made an illegal search.
 On the date in question the claimant hung his coat on the doer of the
 safe at the Santa Fe Depot, Springfield, Colorado. The Carrier had
 received -reports that the claimant used marijuana, and acting upon
 that information, the track supervisor made a search of the c1a_-a:,t's
 coat. _

 Under the circumstances the Board finds that the search could be mace. It T90ULd D2 far pref2r2bl a th at -he employee be called in and t`na search ..-:fade in his presence. However, in this case the c1_ai_,,a, y a,.- - aitted his .-U11 t at the investigation. Therefore, it is not


_.^, 2S u.=:J11S:1 the claimant's ~U-1.L. The use and/or possession O_ u::=_'=-

 lL:.=:a a by 8 railroad employee 1S 2 very serious O=_21152. Ot:S t0 _21iOPi employees and CO 1::12 public a5 P7211.

                                                  ~Lli j,sRa _

                                                  Award No. 64


' Page 2

    There is no basis or justification to overrule the decision of the Carrier.


    A'HAdtD: Claim denied.


                                  Preston J : ibore, Chairman


                                  ~ f j ~ j j/3 ~~

                                  Organization Member i


                                  Carridt Member