Award No. 2
 Docket No. 2
 PARTIES L B~rotherhood-of Maintenance of Way Employes
 TO- t.
 DISPUTE : Chicago and North Western Transportation Company

 STATEMENT OF CLAIM-:: "Claim of`th8 System Committee of the Brotherhood
 thatx



FINDINGS:

 This Board:; upon the-whole record and all the evidence, finds andholds 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 Shard has jurisdiction over the dispute herein.

 Claimant was employed as a trackman in Tie Gang 713, which was to begin work at Denison,-Iowa, on July 26, 198. On that date - a drug search of employes reporting for duty was conducted by Denison Police Department representatives, a specially trained Police dog, and Carrier's Special Agents.

 In a search of claimant's vehicle,. whiile on Company property on the date involved; Carrier's Special Agents allegedly found marijuana and related paraphernalia. The Carrier describes the substances found as "50 to 70 marijuana seeds in·the ashtray, a film cannister containing-marijuana, and a flat meal box_containingrvarious paraphernalia usedfor the consumption of marijuana." Claimant was notified to report for investigation, to be conducted on August 4, 1982, on the charge:

The investigation was conducted as scheduled, 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 manneir.

 Carrier's Rule Grand Rule G' Addition, referred to in the letter of charge, read:

                                                    Docket`Nb.2


" Page 2.

          RULE G:-.


            "The use of alcoholic beverages or narcotics bym7 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 possession of alcoholic beverages or narcotics while on,-duty or on Company property is prohibited."


          RULE G': (ADDITION):,


            "Except as otherwise provided below, employes are prohibited from--reporting for duty or being on duty or onrcompany property while under the influence of, orhaving inr~their possession while on duty or oir 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, hallucinogdns, 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.


            "=t 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 obtains from the doctor a written statement (which upon request, grill be submitted by the employe to lids 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 company."


In the investigation substantial evidence was adduced by the Carrier in support of the charge against claimant. The car involved was on Company property. The.search revealed that it did contain the marijuana seeds,and related'parapharnelia as described by the Carrier. The claimant was in control of the car containing the marijuana and related paraphernalia. Zt can properly be held, therefore, that' claimant was in possession of the marijuana and related paraphernalia on Company property in violation of the rules.

 As has been stated many times, the use or possession of drugs is considered a serious offense in the railroad industry, usually resulting in dismissal.

 There is no proper,-basis for the Board to interfere with the discipline imposed by the Carrier. The Hoard has no authority to
 SQ /d- 9~p `/
 Award No. 2
 Docket.No.2
 Page 3

 consider issues concerning the application of Federal Laws or Constitutional provisions.

 AWARD
        '


Maim denied':

 ~e~4~ 6~y
 Wrier Membez^-

 Chairman, Neutral Memberr

 Date.-- yt6,j-. z. S) I `l g 3

 Labor Mem er-.