Public Law Board No. 2363
PARTIES Brotherhood of Maintenance of Way Employees
TO
DISPUTE: and
Seaboard System Railroad
(L & N RR)
STATEMENT Claimant T. D. Larkins shall be allowed to return
OF
CLAIM: to his former position with seniority unimpaired.
FINDINGS: Upon investigating a report that several employees
were smoking marijuana in one of Carrier's'Camp
Cars, claimant was found to be in possession of
five marijuana cigarettes. Carrier Special Agents
testified that the odor of marijuana was detected
as soon as they entered the car.
He subsequently appeared in Memphis City Court
and entered
a
plea of guilty to possession of a controlled substance;
he was placed on probation by the Court for 11 months and 29 days
for the offense.
We find no basis for substituting our judgment
for that of Carrier in this matter. The claim will be denied.
2.
a3~ ~w~ 5-°
AWARD: Claim denied.
Adopted at Jacksonville, Florida, j'~.y,~.~,,.~ ~l 1984.
Haro d M: Weston, Chairman
Carrier Member Emp oye Membe
E: