Docket No. MW-MOB-77-19
 Parties Brotherhood of Maintenance of Way Employees
 to and
 Dispute Norfolk and Western Railway Company IN p~LPYyi

Statement 1. Carrier violated the effective Agreement on July 15,
 of 1977, by unfairly dismissing B. G. Miles from service
 Claim on unproven charges.
 2. Claimant B. G. Miles be reinstated with all rights
 unimpaired and paid for all time held out of service
 due to an improper discharge.

          Findings The Board, after hearing upon the whole record and all evidence, finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended; that this Board is duly constituted by Agreement dated February 2, 1976, that it has jurisdiction of the parties and the subject matter, and that the parties were given due notice of the hearing held


          Claimant, a machine operator, was advised by the Division Engineer, under date of July 15, 1977, that he was dismissed for:


                  "Conduct unbecoming an employee of the Norfolk and Western Railway Company in that you were convicted in the Magistrate Court of Macon County,

_ Missouri of possession of less than thirty-five
                  (35) grams of marijuana (a misdemeanor), on or

                  about June 21, 1977, you are hereby dismissed

                  from the service of the Norfolk and Western Railway

                  Company."

                      PI-6 / 76 0- Award No. 19

                      Page 2


    Claimant requested and was granted a hearing charged with:


          "...Violating Company regulations governing the conduct of its employees in that you were convicted in the Magistrate Court of Macon County, Missouri, on or about June 21, 1977,

    . for possession of less then thirty-.five (35)

    grams of marijuana (a misdemeanor) ......

    As a result of the hearing held on August 5, 1977 Claimant

    was advised under,date of August, 24, 1977 that the facts

    as determined by the hearing held in the office of the

    Division Engineer...


          "...You were guilty of conduct unbecoming an employee of the Norfolk & Western Railway Company, therefore you are dismissed from the service of the Norfolk and Western Railway Company."


    General Timetable Rule No. 41 was amended in Bulletin go. 135 by the Moberly Division Superintendent on March 23, 1977, to read:


          "All Employees effective with the issuance of this bulletin, General Timetable Rule No. 41 is changed to read as follows:

- 'The conduct of any employee leading to
    conviction of any felony, or any misdemeanor

    involving the unlawful use, possession, trans

    portation or distribution of narcotics or

    dangerous drugs, or of any misdemeanor involving

    -~turpi-tude is prohibited."

    The Board finds that the Claimant was given a proper hearing

    pursuant to his discipline rule.

                                      PL3 /.76 a-Award No. 19

                                      Page 3

          There were sufficient evidence adduced to support the

          conclusion as to Claimants culpability, including

          Claimants plea of guilty to the charge in Court, of

          ' possession of marijuana. Claimant admitted to the fact

          that he had plead guilty in the Macon County Magistrate

          Court. He also admitted that he had been fined $50.00

          plus $16.50 court costs and that he had been sentenced

          therefor to six (6) months in jail and placed on parole.

          In the circumstances the Board finds that the discipline

          assessed. was not unreasonable.

          Award Claim denied. '


        Pal,

        M.TC Christie, Employee REe er E. N. Jo s, Carrier Member


' ~~¢Arthur T. Van Wart, G~Fairman
                                and Neutral Member -


Issued at Salem, New Jersey, April 4,1980.