Parties Brotherhood of Maintenance of Way Employes
 to and
 Dispute Norfolk and Western Railway Company

 Statement
 of Claim: Claim on behalf of D. M. Salmons requesting reinstatement
 and pay for time lost as a result of his dismissal following
 a September 15, 1988 investigation in which he was charged
 with conduct unbecoming an employee in connection with his
 guilty plea to a Class IV felony for possession of and with
 intent to deliver cannabis (marijuana).

 Findings: The Board has jurisdiction of this case by reason of
 the parties Agreement establishing this Board.
 Claimant Machine Operator, on May 24, 1988, after being
 stopped for speeding, was arrested on two charges, unlawful
 possession of cannabis with intent to deliver and unlawful
 possession of cannabis, both felonies. A newspaper article
 appeared in connection therewith in the Decatur Herald and
 Review. Claimant's supervisor on June 8, 1985 became aware
 of :Ehe article and Claimant's arrest on May 24, 1988.
 The Claimant was withheld from service pending an
 investigation for charges of conduct unbecoming an employee
 concerning his arrest and the charge of possession of 193
 grams (almost a 1/2 pound) of marijuana and intent to
 distribute.
 The investigation was postponed several times and
 finally held on September 15, 1988.
 In the interim Claimant had entered into a plea
 bargaining arrangement on August 30, 1988, therein pleading
 guilty on count 2- unlawful possession of cannabis, a class 4
 felony, while count 1-intent to deliver-was dismissed.
 As a result of the formal investigation, Carrier
 concluded therefrom that Claimant had pled guilty to his
 possession of the 193 grams and that constituted a felony
 conviction. He was dismissed from service as discipline for
 conduct unbecoming an employee.
 Claimant was accorded the due process to which entitled
 under his discipline rule. There was no violation of Rule
 30 because of having been held out of service. Said rule so
 permits because this concerned a major offense.
                        -2- Award No. 88 -/ 7 400


        There was sufficient evidence adduced, including the admissions of Claimant, to support Carrier's conclusion as to his culpability. Q&A 48 reflected that he pled guilty to commission of a felony for possession of 193 grams of marijuana. Also the Claimant admitted to purchasing marijuana and the possession of same was corroborated by both the Roadmaster and the Police and Special Services Outpost Sergeant. Claimant also admitted that he had been drunk. The record reflects a plea bargaining arrangement to which the State dropped the charge of intent to deliver cannabis. Having almost a half of pound of marijuana in one's possession when apprehended is, to say the least, most unusual.


        The nature of the charge in the circumstances are not such that Carrier's Employees Assistance Program becomes or is available. Drugs in the railroad industry are the subject of the nation's attention and complaints including those from the National Transportation Safety Board. This Carrier has taken a hard line on enforcing its drug policy which has been upheld in litigation.


        The Claimant was guilty of conduct unbecoming an employee.


        In the circumstances, the discipline is not found to be unreasonable. This claim will be denied.


Award: Claim denied.

 F Miller, ier Member

                  Arthur T. Van Wart, Chairman and Neutral Member


Issued July 27, 1989.