PARTIES Brotherhood of Maintenance of Way Employees
 i0
 DISPUTE: and
 New Jersey Transit Rail Operation, Inc.
 STATEMENT The suspension of Trackman R. D. Leidy and Welder
 OF
 GLAIt;: M. McGuire is without~just and sufficient cause
 and their records should be cleared of the charges
 and they be compensated for all wage loss suffered
 as a result of their suspension.
 FINDINGS: Claimants were suspended-for 30 days for being on a
 Company bus that was stopped by North Arlington,
 N.J. police. The driver, Foreman Murphy, was arrested

and charged with driving under the influence of al

cohol. One open bottle of beer and three unopened
 bottles of beer were found on the truck at that time.
 There is no persuasive evidence in the record that
 claimants were consuming or on possession of alcohol while in the
 bus. They had gone to a local bar after finishing their tour of duty
 and there had seen their foreman, Mr. Murphy. They were all in the
 bar for at least 1 1/2 hours, but claimants were not with Mr. Murphy
 during most of thatperiod. He gave claimants a ride back to Peterson,.
                          PLB No. 956

' Award No. 10
                          Cases 11 and 12

their home base, in the Company bus that he hud be~n authorized to drive. Claimants fell asleep in the b&ck of the bus and were in that position when the bus was stopped by the police.
 Discipline must be supported by substantial evidence, as distinguished from mere conjecture or suspicion. The evidence in this record is not sufficient to establish that claimants acted in disregard of Carrier's interests. They were, nothing wore than passengers on the bus after working hours and there is no showing that they had reason to believe that their formman was 'not in proper condition to op:=rate the bus. We will not indulge in broad assumptions in order to :stablish claimants' guilt. Neither claimant was charged with any infraction by the police.
 Apparently, on the basis of its experience, Carrier con.sidered Mr. Murphy to be a sufficiently responsible employe to be entrusted with a Company bus on an evening when he as well as the
 other employees, were picking up their pay checks..
 This record provides no sound basis for depriving claimants of earnings.

 AWARD: Claims sustained. To be effective within 30 days.

                Adopted Newark, N.J., January o2 0' 1985.


                  H (1. V7es on, Chairman


r p

 Carrier Member Employee Member