C:\AWARDS\OUT\2-07352.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7352
SECOND DIVISION Docket No. 7239
2-C&NW-CM-'77

The Second Division consisted of the regular members and in addition Referee Robert A. Franden when award was rendered.

( System Federation No.

76,

Railway Employes'

( Department, A. F. of L. - C. I.O.

Parties to Dispute: ( (Carmen)

(

( Chicago and North Western Transportation Company

Dispute: Claim of Employes:

1. Car Inspector Stanley F. Kozuch was unjustly dismissed from service on October 1,

1975.

2. Car Inspector Stanley F. Kozuch was erroneously charged with possessing and consuming alcoholic beverages while on company property during his lunch hour on Friday, August 1,

1975.

That the Chicago and North Western Transportation Company be ordered to reinstate Mr. Kozuch for all time lost at eight hours per day, dating from August 1,

1975,

with seniority unimpaired, plus any other benefits he would have been entitled to as per Rule

35.

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 charged with consuming alcoholic beverages while on company property and pursuant to a hearing and investigation was dismissed from the service of the carrier. We have reviewed the record in this matter and find the evidence to support a charge that claimant was consuming alcoholic beverages while on duty. In view of the claimant's long record of service to the carrier (28 1/2 years) and because we believe that the discipline assessed to date has served its purpose, we will order the claimant reinstated without pay. Form 1 Award No. 7352
Page 2 Docket No. 7239 2-C&NW-CM-'77

A W A R D

Claim sustained in accordance with this opinion. NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division Attest: Executive Secretary National Railroad Adjustment Board By · ~./ Rosemarie Brasch - Administrative Assistant Dated at Chicago, Illinois, this 16th day of September, 1977.