PARTIES Brotherhood of Maintenance of Way Employes
 TO
 DISPUTE: and
 CSX Transportation, Inc.
 STATEMENT Trackman H. L. Way's dismissal shall be set aside
 OF
 CLAIM: and he shall be reinstated with seniority and all
 other rights unimpaired and compensation for all
 time lost.
 FINDINGS: This is an unfortunate case. Claimant, an employe
 with about 14 years service, was tried and found
 guilty by the Superior Court of Camden County,
 Georgia, on February 7, 1985, of the felony of
 fense of Habitual Violator. He has had nine
 Driving Under the Influence charges since 1972.
 The Court adjudged that the terms of probation
 stemming from an earlier Court conviction had been
 violated and on that basis revoked the probation
 provisions and required claimant to serve two
 years eight months in the custody of the Director
 of the Department of Offender Rehabilitation
 of the State of Georgia.
 After a hearing had subsequently been held by
 Carrier, claimant was dismissed under Safety Rule G-1's provision
 that
Claimant did not appear at the hearing since he was incarcerated at the time it was held. -His incarceration under the Camden County Court order does not protect claimant from discipline by Carrier or provide a basis for holding that Carrier's discipline hearing does not comply with principles of due process.
 No ground is perceived for setting aside Carrier's decision to dismiss claimant.

 AWARD: Claim denied.





°1987