' PUBLIC LAW BOARD No. 1838
Award No. 18
Case No. MW-PO-77-112
Parties Brotherhood of Maintenance of Way Employees
to and .
Dispute Norfolk and Western Railway Company

Statement Elmer Kitchen was dismissed from service for conduct unbecoming
of an employe of the Carrier. Claimant pleaded guilty -we ask
Claim leniency in this instant case and return Mr. Kitchen to service
without pay. '
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 March 1, 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 was dismissed from service, effective October 28, 1977,
for conduct unbecoming an employee in that he was found to
be in the possession of alcoholic beverages .and marijuana on
camp car N&W527144, at approximately 6:00 AM on October 28,
1977;. and for permitting two (2) unauthorized persons on said
camp car located at the old P. C. Freight House, Circleville,
Ohio.
Claimant was given a formal investigation on November 18, 1977
and he plead guilty thereto and requested leniency.
This is a request for leniency. The Board finds in the
circumstances that it shall dismiss same as a request for

- "An investigation was held on the facts as here outlined








A denial Award will serve as well as a dismissal.
Award Claim denied.