PARTIES St. Louis Southwestern Railway Company
 TO and
 DISPUTE Brotherhood,of Maintenance of Way Employees

 STATEMENT "1. Carrier violated the effective Agreement when Foreman Jerry R.
 OF CLAIM Crosson was dismissed without just and sufficient cause on February
 4, 1977. _
 2. Claimant Jerry R. Crosson be reinstated to a former position with
 pay for all time lost and with vacation and all other rights-unim
 paired. V
                    And his record be cleared of all charges."


FINDINGS
Upon the whole record, after hearing, the Board finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended, and that this,Board is duly constituted under Public Law 89-456 and has jurisdiction of the parties and the subject matter.

 Claimant was discharged after. having been found guilty of playing cards and gambling at about 2:15 p.m. on February 4, 1977 while on duty. Pursuant to his request, the heat ing was held on March 1, 1977 which resulted in the affirmation of his dismissal.

 The evidence is clear and undisputed that the Claimant, a foreman, and three members of his gang were found at approximately 45 minutes past the completion of their regular lunch period playing cards in the back of their truck by the Roadmaster.. All members of the gang including Mr. Crosson were dismissed.

 The Organization alleges that Claimant was not gambling and further the penalty of dismissal in view of his six and a half years of service was harsh and excessive, particularly in view of the minor nature of the offense. The offense was characterized as having taken an extra 45 minutes of meal time and playing cards during that time- Carrier, on the other hand, contends that for a foreman, in particular, to engage in card playing during working hours with his gang is not only inexcusable but goes to the very
    Award No. 141 5OA 280 -2-

heart of Carrier's ability to manage its forces properly.. Such conduct, according to
 the Carrier, cannot be condoned. Furthermore, Carrier characterizes Claimant's past
 record as being marginal and hence, feels that its penalty of dismissal was hardly ex
 cessive under the circumstances.

 Whether Claimant was guilty of gambling or not is inmaterial. It is clear and in fact; admitted that he was playing cards with his gang during working hours some thirty to forty minutes following the lunch period. Carrier's position that such conduct is inexcusable particularly for a supervisor must be supported. Regardless of Claimant's length of service, the penalty involved herein, under all the circumstances, cannot be characterized as harsh, discriminatory or in any other fashion, inappropriate. The. claim must be denied. A14ARD
      Claim denied


                    I.M. Lieberman, Neutral-Chairman


Carrier Member Employee Member

 October k'~, 1979 Houston, Texas