Public Law Board No. 3794
PARTIES Brotherhood of Maintenance of Way Employees
DILUTE: and
Seaboard System Railroad
STATEMENT Appeal from dismissal of Trackman G. Signal, Jr.
CLTIM: and claim for reinstatement with seniority and all
other rights unimpaired and pay for wage loss suf
fered. `
FINDINGS: Claimant, a trackman with five years service, was
dismissed on October 19, 1983 after having pleaded
guilty and been found guilty of sale of marijuana.
His sentence of two years was reduced by the Hart
nett County, North Carolina Superior Court to two
years supervised probation.
The responsibility for entering a guilty plea to
a felony charge rests with claimant. There is no indication that Car
rier officials influenced his decision in that regard. The sale of
marijuana is a serious offense that reflects on the degree of judgment
and balance that a railroad has every right to expect of an employee.
A valid basis exists for Carrier's decision to dismiss claimant.
· We are unimpressed by Petitioner's contention that
3`7 '~l ^3
_ z
charges were not mailed to claimant within the prescribed ten-day
period. There is testimony in the record that they were mailed on
the tenth day. Moreover, there is no dispute regarding claimant's
- guilty plea and conviction; no prejudicial error on Carrier's part.
is established by the record.
AWARD: Claim denied.
Adopted at Jacksonville, Florida,
b.~;
38~ 1985.
Har-ol-d M. Wes n, Chairman-_
Employee em