Award No. 10
 Docket--No. 10
 PARTIES: Brotherhood of Maintenance of Way Employes
 TO. t:
 DISPUTE:. Chicago and North Western-,Transportation Company





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 wtthin-the meaning of the Railway Labor Act, as amended; and that the Board has jurisdiction over the dispute herein.

 Prior to his dismissal, claimant was employed as a trackman at Carrier's Bell Avenue Yards in Des Moines, Iowa. On October 29, 1982, a search of claimant and of his automobile parked on company property by members of Carrier's Police Department, which search was made with claimant's consent, divulged a marijuana cigarette in the breast pocket of claimant's shirt, a marijuana cigarette in the ashtray of- his automobile, along-with twenty-one marijuana cigarette butts, referred to as "roaches." Afield test of the cigarettes showed conclusively that they contained marijuana. The claimant was charged on October-29, 1982, with:.

The investigation was originally scheduled for 9:00 A.M., November°5, 1982, but was postponed and conducted on November 12, 1982. A copy of the transcript of the investigation has been made a part of the record. The investigation was conducted in a fair and impartial manner:
Rule G Addition, System Time T-able No. 5, referred to in the letter
                                                Award No. 10

                                                Docket-No. 10

                                                Page 2.


of charge, read:

        R=


          "The use of alcoholic beverages or narcotics by employee 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 possession of aloaholia-beveragesor narcotics while on duty or on G'ompany property is prohibited."


          HIJLE_ G:. (ADDITION)::

          "Except as otherwise provided below, employes are prohibited from reporting for duty or being on duty oron company property while under the influence of, or having in their possession while on duty or on company property, (1) any drug-the possession of which is prohibited' by law; (2)' any drug-belonging to the generic. categories 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-.oategory (2); or (4) any liquid containing alcohol.


          It is permissible for an empldye 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 providedithat when medication is prescribed by a licensed'medical doctor the employe obtains from the doctor a _writteft statement (which upon request; will 'tie submitted by the employe to his supervisor) certifying that in the doctor's opinion the medication prescribed does not adversely affect the employe's ability to safely perform his duties with the ebmpany."


In the investigation, there was substantial evidence in support of the charge. In addition to the marijuana cigarette found in claimant's shirt pocket, he was in complete control of his automobile parked on-company property. It can properly be held, therefore, that he was im-possession of mar^1juana in the automobile on company property.

 Claimant was clearly in violation of the rules. The fact that he may have been relieved'from-duty shortly before the search of his person and the automobile was made, has no effect on his violation of the rules. He was on company property while in possession of marijuana. It has been held many times that the use
 " S6 A 9-) y
 Award No. 10
 Docket No. 10
 Page 3

 of'drugw or possession of drugs is considered' a serious offense in the railroad industry, usually resulting in dismissal.

                        A W A E D'


        Claim denied.


                    Chairman, Neutral Mem er-


arrier Me=ter- Labor Memb' xr,

 DATE:- 74e 19 9-3