Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD i Award
NO-
7405
SECOND DIVISION Docket No. 7282
2-C&EI-FO-'77
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( System Federation No. 2, Railway Employes' _
( Department. A. F. of L. - C. 1.0.
Parties to Dispute: ( (Firemen & Oilers)
( Chicago and Eastern Illinois Railroad Company
Dispute: Claim of Employes:
1. That Laborer W. J. Davidson was unjustly dismissed by the Chicago
and Eastern Illinois Railroad on September 23,
1975,
following
an investigation held on September
18, 1975.
2. That accordingly, the Chicago and Eastern Illinois Railroad be
ordered to return Laborer W. J. Davidson immediately, to work
with pay for all time lost, restoration of full seniority and
all benefits he would have been entitled to.
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,
193+.
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 dismissed following a hearing held on September
18, 1975,
where he was charged with being in no condition to perform properly his
duties as a Laborer at Carrier's Dolton, Illinois Yard Center Diesel
Facility at approximately
3:00
P.M. on September 3,
1975·
Review of the record finds overwhelming support for Carrier's contention
that more than substantial evidence established the charge against Claimant.
Testimony of several Carrier officers and a fellow employe established
that Claimant had consumed an alcoholic beverage while on duty and on
company property and that his physical condition was close to being in
an intoxicated stupor. The odor of alcohol about Claimant was strong, he
was unsteady on his feet, he spoke incoherently, and his speech was
slurred.
Form 1 Award No. 705
Page 2 Docket No. 7282
2-C&EI-FO-'77
Notwithstanding the fact that Claimant's condition was not verified
by a laboratory finding, we conclude that there was substantial evidence
upon which Carrier made a valid determination that Claimant was guilty. The
effect of the use of either intoxicants or narcotics is well known, and
expert verification is not required where the evidence is clearly substantial.
Considering the degree of discipline assessed, it is noted that in
Claimant's relatively shoat, twenty-two month career, he had previously been
assessed a ninety-day disciplinary suspension for habitual tardiness and
absenteeism. Given this record and his short tenure of employment, we
cannot fault the Carrier for concluding that this latter instance of unacceptable conduct fu.llyy justified the Claimant's dismissal.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
L
HLIT~ -
~osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 2nd day of December, 1977.