?.u1TIES Brotherhood of Maintenance of play Employee
 IG
 DISPUTE The Btchison, Topeka and Santa Fe aailway Company
 ^' '4~NT
 GF CLAIM "Claim that former Albuquerque Division Trackman
 L. 3. relin be reinstated with seniority, vacation
 and all other benefit rights restored and that he
 be compensated for all wage loss and/or made whole,
 beginning October 23, 1981, account unjustly re
 moved from service for being under the influence
 of alcohol and in the possession of alcohol, as
 well as having an unauthorized person in the out
 fit car where he was lodging, as a result of
 investigation held on November 13, 1981."
 FINDINGS Upon the whole record, the Board finds that the
 parties herein are carrier and Zmployes within the meaning of the
 Railway Labor act, as amended, and that this Eoard is duly consti
 tuted under Public Law 89-436 and has jurisdiction of the parties
 and the subject matter.
 The transcript of record reveals that oa Friday, October 23, 1981, the Claimant was a member of Extra Gang 62 which was scheduled to go to vork at 7#30 A.M. That morning the Claimant failed to report as scheduled. At approximately 9x00 A.M*, Claimant's foreman and the roadaaster went to the outfit car, where the Claimant was staying, to determine why he had not reported for duty. At that time, they found the Claimant under the influence of alcoholic beverages. in possession of an alcoholic beverage and an unauthorised female in the outfit car. We have reviewed the
                                      :age No. 2


transcript of the hearing held in this matter and find sufficient evidence of probative value vas presented at the Hearing to support the charges.
 We do not find that Carrier's penalty of dismissal eras excessive or too severe, especially in view of the fact that Claimant had previously been suspended on two previous occasion, one for 120 days and another for 180 days, the latter for violations of dine 6 (commonly referred to an "3ule 3'). ate will not disturb the discipline. de find that the Agreement vas not violated.

 AXARD Claim denied *

                              . /ZpA~t~l'J ,

                              Clarence H. H ri ton

                              Neutral ::ember


Organisation Member

 Dated at Chicago February 22, 1983