PARTIES _ Brotherhood of Maintenance of Way Employes
 DISPUTE: and
 Seaboard System Railroad
 STATEMENT Claim that Trackman F. D. Wakefield be reinstated to
 CL IM: service with seniority and all other rights unimpaired
 and be paid for all time lost.
 FINDINGS: Claimant was- dismissed after he entered a plea of
 "Nolo Contendere" in a Florida court to a charge of
 possession of marijuana and was sentenced to one year
 probation, 100. hours community service and court costs.
 As numerous awards have held, the fact that the mis-
 conduct occurred while claimant was off duty is not a valid defense
 to Carrier's charges. No persuasive ground is perceived for substitut
 ing our judgment for that of Carrier in this matter. At this time,
 possession of marijuana constitutes a sound basis for dismissal.
 In reaching this decision, the Board has found no merit or evidence to support Carrier's conclusion that claimant was guilty of "dishonest" and"immoral " activities. The Board's findings rest on findings of Carrier as to illegality. Claimant's misconduct reflects on his judgment and responsibility, qualities that are relevant

              . 3 )9V-



in the employment relationship.

 AWARD: Claim denied.



                        M. West &n, Chairman


er Member Employee em