The Second Division consisted of the regular members and in
addition Referee Donald F. McMahon when award was rendered.
SYSTEM FEDERATION NO. 122, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.-C. I. O. (Carmen)
EMPLOYES' STATEMENT OF FACTS: Mrs. Ruth Blackburn, hereinafter referred to as the claimant, was employed by .the Pullman Company, hereinafter referred to as the carrier, as a car cleaner, working five days a week, 8 hours per day, when she was dismissed from the services of the carrier as a result of a hearing accorded her under date of November 5, 1964.
The hearing accorded the claimant was account allegedly being under the influence of intoxicants during her scheduled working hours of June 5, 1964 and July 10, 1964.
POSITION OF EMPLOYES: It is submitted that the claimant committed no offense which should have caused the supervision of the Pullman Company to discharge here from the services of the railroad.
On June 5, 1964, the claimant became ill at work and was off work account this illness until July 6, 1964. The transcript of the hearing, is a statement made by Dr. P. Mayer attesting to the fact that the claimant was under his care from June 5, 1964 until June 29, 1964, account "Acute Anxiety State".
On June 5, 1964, the date the claimant became ill, Foreman Glander stated the claimant was unsteady on her feet and that she was sleeping in car Regal
There are numerous awards that should be considered as significant in a discharge dispute of this kind.. A few of such awards are Second Division Awards 2125, 2118, 1812, 1786, 1768, 1763, 1548, 1544, 1509, 1253, 1157, 1109, 1041 and 993. Also see Third Division Awards 10642, 10101, 10071, 10049 and 9455.
In this ex parte submission the company has shown that on June 5, 1964 and again on July 10, 1964, Cleaner Blackburn was under the influence of intoxicants during her scheduled working hours. The company has shown that supervisory personnel of the company observed firsthand that Cleaner Blackburn was under the influence of intoxicants on the two dates in question and that it was upon this competent evidence that disciplinary action was taken with Cleaner Blackburn. Also, the company has shown that it correctly gave consideration to two previous incidents of similar nature appearing on Cleaner Blackburn's service record, which procedure it has been shown herein confirmed by numerous awards of the National Adjustment Board. Finally, the company has shown that the action taken with Cleaner Blackburn was not arbitrary, capricious, unfair or unreasonable in any manner whatsoever.
The organization's claim that Cleaner Blackburn was unjustly dismissed from the service of The Pullman Company on November 23, 1964, is without merit in light of the factual record in this case, and the claim should be denied.
FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
The allegations of the parties are not susceptible to a clear cut determination by this Board. Under these circumstances, we believe the employe should be permitted to return to service with all seniority rights restored. Claim for pay for time held out of service is denied.