Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7313
SECOND DIVISION Docket No. 7231
2..AT&SF-EW-' 77
The Second Division consisted of the regular members and in
addition Referee Robert A. Fxanden when award. was rendered.
( System Federation No.
97,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
_ (
( Atchison, Topeka and Same, Fe Railway Company
Dispute: Claim of Employee:
w~-
(1) That the Carrier erred when they removed Mr. Maximo Mantic from
service, as a result of an investigation, July
25, 1974.
(2) That, therefore, Mr. Mantic be returned to service with all rights,
privileges and benefits restored and compensated for lost tine.
Findings:
The Second Division of the Adjustment Board, upon the whole record and.
all the evidence, finds that:
The carrier ox carriers and the employe or employee involved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved June 21, 131+.
This Division, of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
This is a discipline case. Claimant was removed from the service of
the
carrier for using an alcoholic beverage while on duty.
A review of the transcript in the case confirms the carrier finding that
the claimant did in fact violate the carrier's operating rule with respect
to the use of alcoholic beverages while on duty. We have held, many times that
dismissal is not unreasonable punishment for such an offense.
Claimant was denied reinstatement by
carrier in part because of his
subsequent involvement in an assault and battery
on
a foreman subsequent to
his separation from service.
Carrier was well within its rights to consider the employee's total
record in handling the appeal of this claim. We find nothing to sia,pppi^t the
position of the claimant in this case.
Form 1
Page 2. .
Clam denied.
Award No.
7313
Docket No.
7231
2wAT&SF-EW.·' 77
A W A R D
NATIONAL RAILROAD ADJUSTMENT BOAM
By Order of Second Division
Attest: Executive Secretary
National. Railroad Adjustment Board
~semarie Bxasch - Administrative
Assistant
Dated At Chicago, Illinois, this 5th day of July,
1977.