Parties to the
Dispute
SPECIAL BOARD OF ADJUSTMENT N0. 936

 Brotherhood of Maintenance of Way Employes

Norfolk and Western Railway Company

(Lake Region)


STATEMENT OF CLAIM
(1) The dismissal of Laborer James E. Morris was without just and sufficient cause and an abuse of Carrier's discretion. [File No. MW-BVE-78-45]

 (2) Laborer James E. Morris shall now be allowed the remedy prescribed in Rule 22(e).

 OPINION OF THE BOARD
Claimant J. E. Morris was employed by Carrier as a Laborer. On August 24, 1979, he pleaded guilty to two counts of endangering children, and was placed on a five-year suspended sentence and ordered to admit himself to a hospital for psychiatric care. When Carrier was informed of this incident, it charged Claimant with behavior unbecoming an employe of the Norfolk and Western Railroad. An investigation into the matter was held on March 14, 1980. Claimant was found guilty as charged and dismissed from Carrier's service.

 Case No. 3 Award No.3
 56A 1:~3 (1 Case No. 3

 Award No. 3

 This Board has reviewed the record of this case and can find no basis on which to modify or overturn Carrier's actions in this instance. Carrier has concluded from the record available to it prior to the heari,ng, from findings at the hearing, and from numerous discussions with the Organization Representative on the property that Claimant's presence on Carrier's property could be a danger to Carrier employes and patrons. This Board has no authority to decide otherwise.

The claim is denied.
R. E. 'Dennis, ;neutral ;ember

 5. C. Lyons, Ca r'er Member

 ff. G. Harper, Emp oye Member