Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6694
SECOND DIVISION Docket No. 6586
2-BN-I-'74
The Second Division consisted of the regular members and in
addition Referee Irving R. Shapiro when award was rendered.
( Archie Kingsland, Petitioner
Parties to Dispute:
( Burlington Northern, Inc.
DisQute: Claim of Petitioner:
Petitioner, ARCHIE KINGSIAND, contends that he has been
improperly and wrongfully discharged from his employment by
the Burlington Northern, Inc. That he was unjustly disciplined
and he requests that he be reinstated with his seniority rights,
and that he be compensated for the wage loss suffered by him
on account of wrongful discipline and discharge procedure.
Find ings:
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.
Parties to said dispute waived right of appearance at hearing
thereon.
The record in this case reveals that the claimant was dismissed
from service account being found in violation of Rule "G" of Carrier's
Safety Rules when he reported for work under the influence of intoxicants.
A careful review of the transcript of the investigation reveals
that Carrier's witnesses all testified to the fact that the claimant
reported for work under the influence of intoxicants and nothing was
presented by claimant which would discredit this testimony; claimant
underwent a sobriety test which conclusively indicated that he was
"under the influence"; the transcript shows that claimant did not
deny that he had been drinking prior to coming on duty; his answer
to the question whether he had been drinking prior to coming on duty
being "That I don't believe is any of the railroad's business" .....
Form 1
Page 2
Award No. 6694
Docket No. 6586
2-BN-I-' 74
Since the record clearly indicates that claimant was guilty
as charged then Carrier's action in dismissing him was proper.
Violations of Rule "G" are dismissible offenses - See Third Division
Awards 1848, 2457, 3184, 3829, 9863; Second Division Awards 1476,
1868, 3151, 4226, 5925 and 6535.
In addition to the foregoing Carrier stated in the record:
"On several occasions prior to September 27, 1972, local
supervision had sent the claimant home when he reported
for work because he was under the influence of intoxicants..
He was warned that his actions constituted a violation of
Rule G_of the Burlington Northern Safety Rules and if he
continued such activities, it would be necessary to
take formal disciplinary action."
This statement was made in Carrier's initial submission and since the
claimant's representative did not challenge it or attempt to prove it
to be in error (claimant's representative did not file a rebuttal
statement) it must stand uncontroverted and factual. See First Division
Awards 22 230, 22 231, 19 808 and Third Division Awards 19849
(Roadley), 19927 (Lieberman).
We will deny the claim.
Claim denied.
A WA R D
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 8th day of May, 1974.