Carrier File No. 2-MG-1518


Parties Brotherhood of Ys.intenance of Way Employes
 of and
 Dispute Baltimore & Ohio Railroad Company
 Statement Claim filed on behalf of Western Region Rail Gang Trackman Bryan E.
 of Claim: Leach for restoration of his seniority unimpaired and reinbursement
 for all time lost at the applicable rate of pay as a result of the
 discipline of dismissal administered to Mr. Leach following a hearing
 held on Januazy 12, 1976 for conduct unbecoming an employe and for
 possession of and use of a hallucinogenic drug while on carp cars
 located on Railroad Company property at (rove City, Ohio leading to
 his arrest by Grove City Police at about 11:27 p.m. Tuesday, December
 23, 1975.
 Findings: The Board finds, after hearing upon the whole record and all evidence,
 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 October 27, 7976, that it has jurisdiction of the
 parties and the subject matter, and that the parties were given due
 notice of the hearings held.
 Claimant trackman was one of six (6) off-duty traclsen who were placed
 under arrest, and taken from their Carrp Car located on railroad property
 by the Grove City, Ohio police for disturbing the peace. A subsequent
 search of the roam in which they were arrested produced four (4)
 plastic bags containing 52 grams of cannabis sativa, commonly called .
 "marijuana", a cigarette and a pipe, broth containing marijuana. The
 civil charge originally placed against Claimant and his fellow employees,
 was "disturbing the neace". It was later amended by adding "possession
 of marijuana." However, such charge was subsequently dropped.
 A Carrier conducted investigation on January 12, 1976 resulted in
 Claimant receiving the following:
 "It has been found that you were at fault for conduct unbecaning an
 employee by participating in a disturbance on the camp cars to the
 extent that it was necessary for the neighbors to call the Grove City
 Police and you are at fault for possession of, and use of, an halluce
 nogenicdrug while on camp cars located on railroad property at Grove
 - - PL C3 1 8.5a
 -2- Award No. 6

          City, Ohio, which led to your arrest at about 11:27 p.m., Tuesday, Decenber 23, 1975, in violation of Rule 14. The Engineering Depart ment Rules, and the discipline administered is dismissal from the service of the Railroad Company."


          The Board finds that Claimant was accorded due process.


          The record, including Claimant's self-admissions, provides sufficient support for Carrier's conclusion of guilt for the charge of conduct unbecoming an employee. Clain-ant admitted that he was in town drinking with his fellow traclacpn who were also arrested. He also admitted hollering at a neighbor. Claimant was apprehended by the police in the compartment of Canp Car No. 114 free which the blaring noise from the stereo, as welt as the hollering and swearing, was causing the neighbors to register complaints with the police of a public nuisance. The record supports the conclusion that Claimant was a participant in the making of the noise complained of -by the neighbors and police. There appears to be doubt as to Claimant's possession and perhaps use of the confiscated marijuana despite the fact that "pot" had been smoked and found in the room in which Claimant and his partying fellow traclY.m°n were gathered. The Board concludes that it is not necessary that the second charge be proven as either charge standing alone, if proven, would warrant the imposition of stern discipline.


          7n the circumstances, we find that the discipline imposed was not unreasonable.


          The Board is constrained to deny the claim.


Acaard: Claim denied.

 A. J. ~ytmingham, ErqLloyee Member L. W. Burks, Carrier r Member

                    ur T. Van Wart, Chairman and Neutral Member


                    Issued at Atlanta, Georgia, June 9, 1977.