FINDINGS::

 This Board, upon the whole record and all the evidence, finds and holds that the employes and the Carrier involved, are respectively employes and Carrier within the meaning~of the Railway Labor Act as amended, and that the Bbard has jurisdiction aver the dispute herein.

 Prior to his dismissal, the claimant herein was employed as a trackman on Carrier's tie gang 713. The Carrier states that because of prior complaints received; a drug search was conducted at Denison, Iowa, on July 26, 1982, involving all production gangs working on the= track in that area. The search was conducted by Denison Police Department representatives, a specially trained Police dog, and Carrier's Special Agents.

 Upon-claimant's arrival on the Camrier's property, the police dog Indicated-the presence of controlled substances in his car, and a search of the vehicle by three Carrier gpecial Agents resulted in the discovery of what was later found to be marijuana leaves, seeds and various paraphernalia normally used in the consumption of controlled substances, Including a surgical clip-commonly used as a "roach clip," a vial indicating an odor of marijuana, and two packs of cigarette papers. Afield test was conducted by Carrier's Special Agents, which indicated positive results for marijuana.

 Claimant was removedfrom the service, pending a formal Investigation, and on July 26, 1982, he was charged:

Formal investigation was conducted on August 4, 1982, and a copy of the transcript has been made a part of the record. We find that the investigation was conducted,in a fair and impartial manner. Carrier's Rule G and Rule G addition, referred to in the
                                                Docket- No. 1

                                                  Page 2.


letter of'charge, read:

          RAE G r


          "The use of alcoholic beverages or narcotics by employes subject to duty is prohibited. Being under the influence of alcoholic-beverages or narcotics while on duty-or on Company property is prohibited. The use or possessioa^of alcoholic^beverages or narcotics while OM duty or on Company property is prohibited."


          R= G (ADDITION)


          "Except as otherwise provdded below, employes are prohibited from reporting for duty or being on duty or on company property while under the influence of, orhaving-in their possession while on duty or on company property, (1) any ding the possession of which is prohibited by law; (2) any--drug-belonging to the generimcategories of'narcotics, depressants, stimulants, tranquilizers, hallucinogens, or anti-depressants; (3) any drug assigned a registration number.by the federal Bureau of Narcotics and Dangerous drugs not included in-category (2); or (4) any liquid--containing alcohol.


          It is permissible for an employe to take and use a. drug or medication coming-within categories (1)., (2), (3) and (4),above as medication for treatment of chronic health problems or temporary illness provided that when medication is prescribed by a licensed medical doctor the employe ob= taim from the doctor a written statement (whichupon requeat, will be submitted by the employe to his supervisor) certifying that in the doctors opinion the medication prescribed'does not adversely affect the employe's ability to safely perform-his duties with the company."


        In the investigation there was substantial credible evidence

that claimants automobile did contain controlled substances and
 various paraphernalia normally used in the consumption of such
 substances. Claimant was in complete control of the vehicle,. which
 was parked on·Company property. It can properly be held, therefore;
 that hewas in possession of the controlled'substaneaes and paraphernalia
 normally used'in the consumption of such substances on-Company property.
 Ria-was clearly in violation of Rule G and Rule T -Addition. Claimant's
 contention that the substances found in the car were unknown to him
 and had probably been carried into the vehicle in his pant cuffs or
 boots is not persuasive.

        The use of drugs, or the possession of drugs, is considered -"a

serious offense in the railroad industry, usually resulting in dis=
 missal. There is no properlbasis for the Board to disturb the
 SBA - 924 Award No. 1
 Docket No.l
 Page 9

 disciplinary action of the Carrier.
        A W A E a' C1sim·denied.


                  Chairman, Neutral Memtie=-


                    ZL /arrier Member Labor Member '


Date::'. Z~ ~~g3