Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7226
SECOND DIVISION Docket No. 7086
2-WT-CM-'77
The Second Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
( System Federation No. 106, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( The Washington Terminal Company
Dispute: Claim of Employes:
1. That under the current agreement, Carman Apprentice, Alfred D.
Burnett, 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.
2. That accordingly The Washington Terminal Company be ordered to return
Carman Apprentice, Alfred D. Burnett, to the service of the Carrier
with seniority and vacation rights unimpaired and compensate him
for all time lost since April
8, 1975.
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 notified to report for a Hearing on a charge of violating
Rule "G" concerning possession and use of narcotics while on duty.
Subsequent to the Hearing, Claimant was dismissed from service.
Although Claimant denies a violation, the record contains direct eyewitness evidence that he was smoking a substance which was chemically determined
to be marijuana. There is no motive shown as to why the witness would
fabricate such testimony.
The witness presented by Claimant to verify his innocence was, himself,
charged with the same offense, and recently this Board denied that employee':,
claim. See Award
7183.
Form 1 Award No..7226
Page 2 Docket No. 7086
2-Z4T-CM-' 77
Based upon the entire record, we find no basis for disturbing the
finding of guilt or the quantum of discipline imposed.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
B l./
Y
osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 25th day of February, 1977.