F orm 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7195
SECOND DIVISION Docket No. 7090
2-Spr-MA-276
The Second Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
( International Association of Machinists
( and Aerospace Workers
Parties to Disrute:
( Southern Pacific Transportation Company
Dispute: _ Claim of Employes:
That Carrier improperly suspended Machinist C. D. Rohdenburg
(hereinafter referred to as Claimant) from service on December 19,
1974 and subsequently dismissed him on February 4, 1975.
2. That Carrier be ordered to restore Claimant to service with
seniority and service rights unimpaired, which includes vacation
and insurance benefits, with compensation fox all wage loss from
December 19, 1974, until restoration to 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.
On December 23, 1974, C:_aimant was notifiea of a formal hearing in
connection with an allegation that he was away from his post of duty without
proper authority, and in possession of an alcoholic beverage when observed
in his vehicle in the parkiq~ lot.
Subsequent to the investigation, Carrier determined that Claimant was
guilty, as charged, and dism~.ssed him from service.
The Organization has asserted that the Carrier did not handle the case
in accordance with the teens of the controlling Agreement, to the prejudice
of the Claimant, and it refers to the failure of the Hearing Officer to
produce Claimant's timecard at the investigation. Based upon the tesCI_mony
0.-14'
~-ecorr' , and certain admissions made by Claimant, we do not concur 1U. -it
the allega6ion concerning the timecard is sufficient to set aside the
findings.
Form 1
Page 2
Award No. 7195
Docket No.
7090
2-Spr-MA-'76
At the investigation, the Claimant conceded that he did not have
authorization before he left his place of employment and went to his
automobile. Although he attempts to justify the departure, based on certain
assertions that he had advised Carrier Officials that he was Mt feeling
well, we find that the evidence was sufficient to substantiate the Company's
findings.
Moreover, we note that the charge against Claimant asserts that Claimant
was in possession of an alcoholic beverage when observed in his car. We
feel that the testimony of record is sufficient to substantiate findings of
guilty in that regard. Claimant's assertion that the container of liquid
had been left in his car, on the front seat, on the preceding evening was
obviously not afforded credibility by the Carrier. It is, of course, not
our function to substitute our judgment for that of Carrier in these types
of cases, as long as its cred_bility determinations have a basis in the
record.
We find substantial evidence of record, including the testimony of
Claimant, to support the finding of guilt, and we cannot state that the
quantum of discipline was inappropriate to the offense.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUS TMtNT BOARD
By Order of Second Division
By -
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 3rd day of December, 1976.