PARTIES Consolidated Rail Brotherhood of Maintenance
 to Corporation and of Way Employes
 DISPUTE:

 STATEMENT OF CLAIM: That Machine Operator H. F. Shipley was
 unjustly dismissed from the service, and that he be reinstated to
 the service with seniority and other rights unimpaired and compen
 sated for all time lost while out of the service.

 FINDINGS: The general issue here is whether, under the facts of
 record and application of principles generally applied by Public
 Law Boards in discipline cases, the Carrier had sufficient cause
 for dismissing the Claimant,,or whether some penalty, short of
 dismissal, would be appropriate for the offense committed.
 The Claimant had pleaded guilty to felony charges arising from his possession of cannabis (marijuana). He was sentenced to a term of one year on probation and paid a fine of $500.00.
 The Carrier, relying on testimony adduced at a hearing held on September 29, 1981, concluded that the Claimant was guilty of possessing a large quantity of marijuana. On the basis on record, it cannot be said that the Carrier lacked reasonable grounds for deciding that the Claimant's actions were so serious that they merited imposition of the dismissal penalty.
 PLB NO. 3514 C-40 A-40
 Page 2

 However, while we adhere to the long line of precedent awards that have upheld the carrier's right to determine penalties after it finds guilt to the charge, in this case, we find that the discipline imposed was excessive. We note that no notoriety or discredit accrued to the Carrier following the arrest of the Claimant. Moreover, the Claimant was considered to be a very good employee by his Supervisor. Accordingly, on the foregoing basis, the Claimant's absent is sufficient discipline, and the claim is sustained to the extent that he will be restored to service with seniority and other rights unimpaired, but without back pay.

 AWARD
Sustained as per the finding.

 77
 F. . Domzal~ti
 C riere;;r

 "APR 1 I ...~4

Eckehard Muess jig

Neutral Member


QL~j -~/- 24-~

J. P. C ssese

Employee Member