Public Law Board No. 2363
 
PARTIES Brotherhood of Maintenance of Way Employes
 
_TO ' '
 
DISPUTE:  and
Louisville and Nashville Railroad Company
STATEMENT 1. The suspension and subsequent dismissal
OF
CLAIM: of Foreman D. F. Martin was without just or
 
sufficient cause and was extremely dispropor
 
tionate to offense with which charged.
 
2. Claimant Martin shall be reinstated to
 
service with seniority unimpaired and with pay
 
for all time lost.
FINDINGS: Claimant was the foreman of the four trackmen
 
whose dismissals were sustained by this Board
 
in Award No. 1. In that Award we found that
 
marijuana, codeine, a narcotic smoking pipe and
 
whiskey were discovered in the lockers of those
 
four track repairmen. It was also established
 
in that case that numerous beer cans, filled
and unfilled, were scattered in that track gang's camp car and
the surrounding area.
While there is no suggestion that Claimant
Martin was involved in that misconduct, we find no persuasive
ground for substituting our judgment for that of Carrier in
this matter. Without question,, claimant was remiss in failing
to report the condition of the camp car.
AWARD: Claim denied.
Adopted at Louisville, Kentucky, j~rrc.~,- 
lo) 1979.
 
c
H r d M. West n, Chairman
Parrier Member _Employe Member