Form 1 NATIONAL RAILROAD ADJUSTi.,rTT BOARD Award No.
6919
' l SECOND DIVISION Docket No. 6752
2-SP(PL)-EW-'75
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was rendered.
( System Federation No. 114 Railway Employes'
( Department A.F.L.-C.I.O. - Electrical Workers
Parties to Dispute:
( Southern Pacific Transportation Company
( (Pacific Lines)
Dispute: Claim of Employer:
1. That under the current Agreement, Mechanical Department Electrician
W. S. Harris was unjustly treated when he was dismissed from
service on June
(i, 1973,
following investigation, for alleged
violation of Rule: "G" of the General Rules and Regulations of
the Southern Pac_!fic Transportation Company on May
17, 1973.
2. That accordingly_ the Carrier be ordered to:
(a) Restore the aforesaid employee to service, with all
service and seniority rights unimpaired, compensate
him for all time lost and with payment of
6%o
interest
added thereto.
(b) Reinstate all vacation rights for the aforesaid employee.
(c) Pay Southern Pacific Employees Hospital Association
contributions, group disability premiums, including
dependents' hospital, surgival, medical and death benefit
premiums for all time that the aforesaid employee is
held out of service.
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.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant was charged with violation of Rule G. After investigation
and hearing, Claimant was dismissed from Carrier's service.
Form 1 Award No.
6919
Page 2 Docket No. 6752
2-SP(PL)-EW-'
75
The Organization contends that the evidence adduced at the hearing
was insufficient to support a finding of culpability. Carrier presented
three witnesses who testified that Claimant's breath smelled of liquor,
that he was staggering, unsteady, and that his speech was slurred.
The Board finds, after, reviewing the record, that there was substantive
and probative evidence presented by Carrier to warrant its action. Under
the circumstances, the claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
/~ l
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 26th day of August,
1975.