Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 72$5
SECOND DIVISION Docket No. 7175
2-L&N-FO-'77
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( System Federation No. 91, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers)
(
( Louisville and Nashville Railroad Company
Dispute: Claim of Employes:
1. That under the Current and Controlling Agreement, Service Attendant
D. M. Smith was unjustly suspended from the service of the Louisville
and Nashville Railroad Company on March 7, 1975, after a preliminary
investigation was held in the office of Mr. J. W. Lile, Division
Manager and subsequently was dismissed from the service on April
23, 1975, by Mr. E. 0. Rollings, General Shop Superintendent,
after a formal investigation was held in the office of Mr. R. L.
Spain, Staff Asst. to Manager on March 17, 1975.
2. That accordingly, Service Attendant D. M. Smith be restored to
his assignment at South Louisville Shops, with all seniority
rights unimpaired, vacation, health and welfare, hospital and
life insurance be paid and compensated for all lost time,
effective March 7, 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.
The Claimant is Mr. D. M. Smith, a Service Attendant at the South
Louisville Shops with a year and a half service in the employment of the
Carrier. The Claimant was advised by letter dated March 11, 1975 that he
was charged with being under the influence of intoxicants at x+:00 P.m. on
the Second Shift at which time he was relieved from duty. An investigation
was held on March 17, 1975. By letter dated April 23, 1975, the Claimant
wa;s advised that he was dismissed from the Carrier's service as a result of
evidence contained in the record of the investigation. The record discloses
that the Claimant was properly charged, and had very capable representation;
Form 1
Page
2
Award No.
7285
Docket No. 7175
2-I&N-FO-'77
the Claimant and his representative were allowed to question all witnesses
and present the Claimant's case as they chose. We find the record of the
investigation contains very substantial evidence that the Claimant was
guilty as charged. The discipline of dismissal is neither arbitrary,
capricious or excessive based on the record of this case, and we shall deny
the claim.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
R6tlwerie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 5th day of April,
1977.