Docket No. MW-81-101


Parties Brotherhood of Maintenance of Way Employees

 to and

        Dispute Southern Pacific Transportation Company (Texas and Louisiana Lines)


Statement
 of Claim: Claim of BMWE and Bridge Tender Nolan Hester, Jr.
 for reinstatement to his former position with pay for
 all time lost, all seniority, vacation rights and any
 other rights accruing to him unimpaired, alleging
 unjustly dismissed.

 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 July 19, 1979, that it has jurisdiction of the parties and the subject matter, and that the parties were given due notice of the hearing held.
 Claimant, prior to his dismissal, had been working as a Bridge Tender on the Shriever, Louisiana District. He had been employed as such for more than 3 years.
 Claimant was dismissed from service March 13, 1981 and April 16, 19:51 for violation of Rule G and Rule M810 of the General Rules and Regulations of the General Notice effective April 1, 1978. Claimant was observed by both the Regional Maintenance of Way Manager and the District Manager sitting in his automobile, away from his assigned place of duty without proper authority, drinking a beer while on duty. Following a formal investigation held therewith the discipline of dismissal was upheld.
 The Board finds that Claimant had been accorded the due process to which entitled under his discipline rule.
                                    PLB - 2444


                          -2- Award No. 59


There was sufficient evidence, including the admissions of Claimant, that he had been drinking beer, adduced to support the conclusions reached by Carrier as to Claimant's guilt. There was no log maintained on the south side. There were no boats logged between the hours of 8:00 AM to 9:30 AM. It was shown that two boats went by at 9:15 AM and 9:45 AM.
 In view of the nature of Claimant's job and the character of the defense offered we cannot find that the discipline imposed was arbitrary or capricious. In the circumstances, this claim will be denied.

 Award: Claim denied.

          .~ ~2~2.G~

      z2- I~J\ ~,.Nl

M. A. Christie, Employee Member C. B. oyne, Car r tuber

                Arthu Van Wart, airman

                and Neutral Member


                Issued May 11, 1983.