Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
6881
SECOND DIVISION Docket No.
6698
The S.econd Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was rendered.
{ System Federation No.
22,
Railway Employes'
Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
{ St. Louis-San Francisco Railway Company
Dispute: Claim of'Employes:
1. Carrier violated the controlling Agreement when on February
12,
1973
they removed Carman Helper Barry M. Montgomery, Pensacola,
Florida, from service and he was not allowed to return to work
as a result of being charged with Rule G, Rules, Regulations,
Safety Rules and Instructions Governing Mechanical Department
Employes, effective March 1, 1957, the alleged use or possession
of narcotics on January
27, 1973.
2. That the Carrier be ordered to compensate Carman Helper Montgomery
for all tire lost at his pro rata rate, restore all of his fringe
benefits and seniority and all other right; unimpaired, until
such time as he is allowed to return to service.
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. -
- Upon a review of the record in the dispute we find that none of
claimant's substantive rights under the Agreement were violated. The
Carrier was warranted in imposing discipline, but, under the circumstances
as they existed, permanent dismissal was excessive.
We will award that claimant be restored to the service with seniority
and other rights unimpaired but without compensation for time lost while
-- out of service.
Form 1 Award No.
6831
' Page 2 Docket No.
6698
2-SLSF-CM-t75
A W A R
D
Claim~sustairied to extent indicated in Findings.
NATIONAL RAILROAD
ADJUSTMENT
BOARD
By Order of Second
Division
Attest:- Executive Sedretary
National Railroad Adjustment Board
By
osemarie Brasch - Administrative Assistant
Date at Chicago, Illinois, this 20th day of June,
1975.