(Advance copy. The usual printed copies will be sent later.)

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No: 6535
SECOND DIVISION Docket No. 6352
2-BN_ EW- t 73
The Second Division consisted of the regular members and in
addition Referee Irwin M. Lieberman when award was rendered.

{ System Federation No. ?, Railway gaployes'

( Department, A. F. of L. - C. I. 0.

Parties to Dispute: ( (Electrical Workers)

Burlington Northern Inc.

Dispute: Claim of Employes:

1. That in violation of the current agreement Electrician R. A. Jacobs was unjustly dealt with when under date of April 16, 1971, Carrier arbitrarily dismissed him from the services of the Carrier.

2. That accordingly the Carrier be ordered to restore Electrician R. A. Jacobs to service with all seniority, pass privileges, hospitalization, holidays, vacations and am other rights, privileges and benefits allowable under rules, agreements and/or law and compensated for all lost wages together with an additional six percent (6%) interest on all such lost wages.

-w.ndings:
The Second Division of the Adjustment Hoard, 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 Hoard has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
Claimant, an electrician, had been employed by Carrier in Chicago
since October 13, 1966. On March 19, 1971 Claimant was notified that he was
being held out of service pending the results of an investigation which was
scheduled for March 25, 1971, ". . . for the purpose of ascertaining the facts
and determining your responsibility in connection with your having been found
in an intoxicated condition . . . on March 17, 1971, in violation of Rule G."
The investigation was held as scheduled and subsequently Claimant was dismissed
from service. f
G
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Form 1
Award No. 6535
Page 2 Docket No. 6352
2-Hi-EW-' 73 ~r

Petitioner argues that the language of the notice, quoted above, constituted a pre-judgment of the case and was prejudicial to Claimant. We construe the language to be merely a statement of an allegation to be investigated and not per se prejudicial. This conclusion is supported by the record of the investigation which does not snow any impediment of the rights of Claimant or . any bias.

Substantial testimony at the hearing together with the admission of Claimant that he had been drinking on March 17, 1971 amply support Carrier's conclusion of guilt upon which the dismissal was based. We find no basis for an affirmative award.

AWARD

Claim denied.

NATIONAL RAILROAD ADJUSTMflfr HOARD By Order of Second Division

Attest: - CC..>..~ .~->~

Executive Secretary

Dated at Chicago, Illinois, this 26th day of June, 1973.

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