Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7183
SECOND DIVISION Docket No. 7017
2-WTC -CM ' 76
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx Jr. when award was rendered.
Parties to Dispute:
Dispute: Claim of Employes:
System Federation No. 106
Railway Employes' Department
A.F.L. - C.I.O. "Carmen"
The Washington Terminal Company
1. That under the current agreement, Carman Apprentice, M.H.
Payne Jr., was unjustly dealt with when he was suspended
from the service on April 8, 1975 and subsequently dismissed from the service of the Washington Terminal Company
effective April 25, 1975.
That accordingly the Washington Terminal Company be ordered
to return Carman Apprentice, M.H. Payne Jr., to the service
of the Carrier with seniority and vacation rights unimpaired
and compensate him for all time lost since April 8, 1975.
Findings:
thereon.
The Second Division o£ 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 o£ 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
Claimant, an employe of six weeks' service, was dismissed by
Carrier for his actions on April 8, 1975, in violation of Rule G, which
states:
"The use of intoxicants or narcotics by employees subject
to duty is prohibited. Being under the influence of intoxicants
or narcotics while on duty, or their use or possession while
on duty is prohibited."
According to testimony, the Car Foreman clearly observed
Claimant and another employe"smoking something with yellow paper on it."
Farm 1 Award No. 7133
Page 2 Docket No. 7017
2-WTC-CM '76
in a car where the two employes had no reason to be in the course of
their duties. The Car Foreman further testified that he recovered the
yellow paper being 'smoked by the other employe, and this paper was later
proved to have contained marijuana. The yellow paper observed in the
Claimant's possession was not recovered. Claimant's defense in testimony was that there was a single piece of paper, handed by Claimant to
tie other employe.
This Board recounts this testimony to affirm its belief that
Claimant's explanation was not a credible one, nor was it regarded as
credible at the full and fair investigation which was conducted prior
to Claimant's dismissal. Based on the foregoing, this Board has no
reason to interfere with the conclusions drawn by the investigation
and finds that the penalty exacted was appropriate to the violation.
The fact that the cigarette which Claimant was smoking was not recovered is insufficient to set aside the Carrier's decision, the
Car Foreman's testimony being clear, without apparent prejudice, and
unshaken.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT
BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By:
emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 30th day of November, 1976.