Upon the whole record and all the evidence, after hearing, the Board finds that the parties herein are carrier and employee within the meaning of the Railway Labor Act, as amended, and this board is duly constituted by agreement under Public Law 89-456 and has jurisdiction of the parties and subject matter.
This award is based on the facts and circumstances of this particular case and shall not serve as a precedent in any other case.
After thoroughly reviewing and considering the transcript and the parties' presentations, the Board finds that the claim should be disposed of as follows:
The record reflects that Claimant did, in fact, plead guilty to felony possession of cocaine. We find that Carrier proved the charge by substantial evidence. We further find no procedural basis for setting aside the discipline and, based on the seriousness of the charge, we find that dismissal was not arbitrary, capricious or excessive. Accordingly, the claim is denied.