PARTIES Brotherhood of Maintenance of Way Employes
 TO
 DISPUTE: and
 Seaboard System Railroad (former L&N Railroad)
 STATEMENT ' 1. The dismissalofC. Jackson, Jr., Track Re
 CLAIM: pairman, was without just and sufficient cause
 and excessive.
 2. Claimant shall be restored to service with
 all rights unimpaired and compensated for all
 wage loss.
 FINDINGS: While on duty at Cowan, Tennessee, claimant was
 discovered to have a loaded 38 caliber Derringer
 under the driver's seat of his automobile and a
 ,four inch HBI-Spain revolver as well as 38 cali
 ber ammunition in the trunk of the automobile.
 Two packages of paper towels,'eight bars of soap
 and some motor oil were also found in the trunk.
 Claimant did not have a permit for the pistols.
 The car was on Company property.
 A Company rule clearly prohibits the possession
 of firearms or other weapons while on duty or Company property.
 Claimant had no authority from Carrier to have the pistols on
 Company property.
 z
 ~3 3 -ALA- xi ~~7

        Petitioner points out that the car was locked and that claimant cooperated with the police making the search, directing them to the pistol under the front seat. Upon evaluating the record, it is this Board's conclusion that a long suspension without pay amply emphasizes the importance of complying with the firearms rule. Dismissal is excessive in this situation. The motor oil was not proved to be Company property and the record is not sufficiently detailed to establish that, the paper towels and soap found in the automobilecall for extreme disciplinary action.


        AWARD: Claimant reinstated with seniority rights un

        impaired but without back pay. To be effective

        within 30 days.

        Adopted at Jacksonville, Florida,' L,,'LI 1985.

        Harold M. Weston, Chairman


            arrier Member Employee Memler