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 Board has jurisdiction over the dispute herein.

On December-27, 19831, claimant was employed as a trackman at Cedar Rapids, Iowa, having come on duty at 7:30 A.M.. Sometime after returning to work from lunch, claimant and another employe (involved in another dispute before this Board) collapsed~in front of their vehicles, which were parked in the CCbmpanv parking lot. The two employes were found about 3:00 P.M., taken to a hospital, at which time the other employe involved allegedly told the attending physician that he and claimant had been sniffing PCP ~Phenoyvlidine, an hallucinogdn commonlv referred to as "Angel Dust'). A subsecuent urine test revealed the presence of Strychnine, a poison which we understand "produces a stimulant effect, and is commonly used in connection with illegal drugs. On January 4., 1984, claimant was notified to appeal for hearing, scheduled for January 11, 1984. on the charge:-



The investigation, or hearing, was postponed and rescheduled for February 1, 1984·, at which time claimant was present, represented,. and had a witness present in his behalf.

                                            Award No. 43 Docket No. U7 Page 2.


Carrier's Rule G: and Rule-G Addition, referred-to in the letter ofrcharge, pertaining to the use of alcoholic beverages,. intoxicants, narcotics or other controlled substances, were read into the record of the hearing and need not be repeated here.

·A transcript of the rather lengthy hearing conducted on February 1. 1984, has been made a part of the-record. Following the investigation, claimant was notified-on February 6, 1984, of his dismissal fl-om service.

We have carefully reviewed the transcript of the hearing, and find substantial evidence in support of the charge axainstclaimant. Claimant's testimony in the investigation simply is not credible.
        The claim wtll be denied.


                      A W A & D


        Claim denied.


                    J - ~ j

                    chairman, Neutra Membe~;


rrier Member- Labor Member
DATED: -r a9 , I ~Q.~ ,