Award No. 3 Docket No. 3 PARTIES:: Btrotherhood of Maintenance of Way Employes TO := DISPUTE:. Chicago and North Western Transportation Company





FINDINGS:.

 The Beard, 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 LabbP Act, asamended, and that the Bbard 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, 1982. Claimant, upon reporting for duty, parked his vehicle on a city street and walked to the depot _which was the gang's starting point. The claimant was informed that Carrier's Special Agents and Denison Police Department representatives,.with a specially trained Police dog, were investigating employes for possible drug use or possession.

 A'search of claimant's vehicle by Dentson'-Police Department representatives, revealed whatthe Carrier describes as "processed marijuna, Hashish, several containers with Cocaine residue, and Company property consisting of four pairs of safety glasses and a caboose cushion." As his vehicle was not parked on Company property, he was not chargedwith possession of marijuana or controlled substances on Company property. However, hewas arrested by Denison Police Department representatives and his vehicle was impounded. As an article appeared°innthe Denison Bulletin; a daily newspaper-of general distribution in the area, stating that claimant had been charged with possession of marijuana and identifying him·as a Chicago and North Western employe, he was charged on July 28, 1982:
' Docket Nb- 3
                                                      page: 2.


              "Tour, responsibility in connection with::


                    1. Unauthorized possession of Company property in your- personal vehicle at Denison, Iowa on July 26, 1982.


                    2': &ringing·discredit to the Company at Denison, Iowa on July 26, 1982."


    The-investigation was scheduled ror and held on August 4, 1982, following which claimant was dismissed,~from service. A.copy of.-the transcxipt'-of the-investigation has been made a part of the record. A'review of same shows that the investigation was conducted in a fair and impartial manner--


    Rule 7 of.`Carrier's<Ceneral Regulations and Safety Rules reads:.


      "Employes are prohibited from being careless of the-, safety of themselves or others, disloyal, insubordinate, dishonest, immoral, quarrelsome or otherwise.. vicious or, conducting themselves in such a manner that the railroad` will be subjected to criticism and loss of good will, or~-


    not`meeting their personal obligations."There was substantial evidence introduced at the investigation to support the charges against the claimant. Re contended that he had found--the caboose cushion, but he did not remembers telling any official of having-fbund it, or of being in possession of four pairs of safety glasses: In the investigation he attempted to account for two pairs of the glasses, b'ut the other.-two pairs were not accounted for. His statements in this respect are not persuasive.


    The Carrier advises that with regard.to the criminal charges against the claimant, he pleaded guilty to the possession of a controlled substance and was-fine&$110.00 and costs.


    Hawed upon the entire record, the Hoard does not find theCarrierts action to be arbitrary, capricious, or in bad faith. The claim will'-be denied`.


                            A W A E TJ'


          Claim denied,:


                    ai~Neutr r~ L. rrier Member-Labor 1vlembe .


DATE: - 2 l c ~ 3