Form 1 rIATIOILAL RAIL.KAD ADJUSTMENT BOAFZ Award
rdo. 6598
SECOND DIVISION Docket
Tao. 6397
2 -1,'P-..S PT (T&L) -Ph''i -' 73
The Second Division consisted-of the re Tilar members and in
addition Referee Robert A. rranden when award was rendered.
( International Associaticn of Machinists and
( Aerospace Workers
Parties to Dispute:
( Southern Pacific Transportation Company -
( Texas and Louisiana Lines
Dispute: Claim of Employes:
1. That the Carrier's action of removing Machinist E. Banuelos from
service at
9:30
A.M. cn December
31, 1970,
was not supported by the
current Agreement.
2. That in restitution the Carrier be ordered to reimburse
Machinist
Banuelos the then current pro rata rate of pay for all time lost. The
applicable punitive rate of pay for all overtime to which he would have
been available, from
9:30
A.M. December
31, 1970,
until he uas allowed
t o return to work March 1,
1971,
plus six percent
( 6 ) per
annuin :in tere st
until clui_m is settled. Correspcndence has been attached as Exhibits
and. will be referred to ac applicable.
nd inas
The Second Division of the Adjustment Board, upon the whole record a-,.zd
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
RailW-GLy
Labor Act as approved June 21,
1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant was withheld from the service of the Carrier on December 31, 1970
because of an alleged violation of an operating rule which prohibited reporting for
duty under the influence of any drug or medication. Subsequent to his being :withheld
from service the claimant visited a doctor who gave him permission to return to work
for light duty.
Claimant alleges that he was entitled to a hearing under Rule
34
in that
he was being disciplined.
Form 1 Award No.
6598
f~ ige 2 Docket No. 637
2 -S PT (T&L) -MA-'73
_RULE
34
Discipline-Investigations
(a) A n emplcye ecvered by this agreement who has been
in service'more than 60 days, or whose application has
been formally approved, shall not be disciplined or
dismissed ?,rithout first being given a fair and impartial investigation by an officer of the railroad. He
may, however, in proper cases, be held out of service
pending such
investigation which
shall be promptly held."
The record clearly reflects that t'.ze claimant was held out of service
ab initio for an alleged violation of company rules. Subsequent justifications
for the Carrier's actions cannot alter the claimant's rights under the agreement
between the Organization and the Carrier.
The claimant was entitled to an investigation as set out in Rule
34.
The
failure of Carrier to follow the procedure set out therein violated the agreement.
This opinion has been reached without consideration of the material attached
to the Carrier's rebuttal in that same was not presented during the handling on the
property.
We will sustain the claim without interest.
' A W A R D
Claim sustained in accordance with the above Findings.
NATIONAL RAILROAD ADJUSTNIM7 BOARD
By Order of Second Division
Attest: Executive Secretary'
National Railroad Adjustment Board
By
Ro egmarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 15th day of November,
1973.