Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7406
SECOND DIVISION Docket No.
72$3
2-MK'r-EW-'77
The Second Division consisted of the regular members and in
addition Referee Herbert L. Maxi, Jr. when award was razdered.
( System Federation No.
8,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
( Missouri-Kansas-Texas Railroad Company
Dispute: Claim of Employes
1. That subsequent to investigation proceedings held on September
16, 1975,
the Missouri-Kansas-Texas Railroad Company unjustly
disciplined off duty Electrician C. M. Bennett for an alleged
violation of the Uniform Code of Safety Rules, Rule G, and
Circular No. D . P.
-2 .
2. That, accordingly, the Missouri-Kansas-Texas Railroad Company
be ordered to: 1) lift the deferred fifteen days suspension
penalty assessed the Petitioning Claimant, Electrician C. M.
Bennett; and, 2) clear any and all discipline notations from the
personal record of Mr. Bennett, resulting from the alleged charges.
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.
Following an investigative hearing, Carrier found Claimant guilty of
the charge that he, "while off duty, came into the-Parsons Diesel Shop
employees' lunch room in possession of intoxicants and consumed same while
on the Company's premises."
The penalty assessed was a 15-day deferred suspension. Since a
year has elapsed since the imposition of the penalty, during which period
the Claimant was not found guilty of further rules violations, the deferred
suspension is no longer pending, and this portion of the claim is moot.
What remains is a notation in the Claimant's personal record concerning the
discipline.
Form 1
Page
2
Award No.
71+06
Docket No.
7283
2-MKT-EW-`77
The Claimant is charged with being observed by a Gang Foreman carrying
and drinking a can of beer while in the employees' lunch room in an offduty status.
The hearing officer heard testimony to this effect, as well as testimony
by a number of other employees who were in the lunch room at the time, each
of whom testified he did not observe the Claimant was carrying or drinking
beer. There is, however, nothing in the record to cause the Board to
substitute its judgment for that of the hearing officer who, as trier of
the facts, accepted as valid the testimony of the Gang Foreman.
General Rule G of Carrier's Circular No. DP-2, ,released January 1,
1975,
states:
"The use of intoxicants ... is prohibited ..."
There are no grounds for the Board to find the penalty inappropriate.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
BY ~
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 2nd day of December,
1977.