Form 1 NATIONAL
RAILROAD ADJUSTMENT BOARD Award No.
7510
- SECOND DIVISION Docket No.
71+63-I
2-CRI&P-I-'78
The Second Division consisted of the regular members and in
addition Referee Walter C. Wallace when award was rendered.
( Kenneth J. Radwan
(
Parties to Dispute:
( Chicago, Rock Island and Pacific Railroad Company
Dispute: Claim of Employes:
1. ' That the Carrier dismissed Carman, Kenneth J. Radwan and removed
him from service on December
17, 1976.
2. That, accordingly, the Carrier b e ordered to restore him to
to service with all seniority rights unimpaired and with pay
for all the time lost retroactive to aforesaid date of discharge.
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 were given due notice of hearing thereon.
We believe the weight of the evidence is sufficient that claimant did
report for duty in violation of Rule G. Consumption of intoxicating
beverages just prior to reporting for duty is a serious and dangerous
act and Carrier's officers would be irresponsible if they failed to take
action in cases where there is every indication the employe's work and
safety to themselves and others may be jeopardized. This Board finds
Carrier's actions justified in this case.
Approximately six (6) months after claimant's discharge on December
17, 1976,
Carrier addressed a letter to Claimant's General Chairman setting
forth Carrier's policy of reviewing Rule G violations after six months.
Claimant was offered reinstatement without pay for time lost. For reasons
known only to himself the offer was refused by claimant. It is unfortunate
that he did so. This Board finds no sound basis to set aside Carrier's
dismissal decision.
Form 1
Page 2
Award No. 7510
Docket No. 7463-I
2-CRI&P-I-' 78
This Division, in its Award 4820, stated:
"Having reached the conclusion that the claim is without
merit, further determination as to whether the original
presentation of the claim or the subsequent appeal to the
highest designated personnel officer were timely within
the meaning of the August 21,
1954
Agreement is
unnecessary."
Here, for obvious reasons, we have considered the procedural errors
alleged by Carrier and find that the claim was not handled in conformity
with the Agreement.
Having found that the Carrier was justified in dismissing claimant,
and finding further that the claim was not properly handled, this Board
has no power or authority to set aside carrier's disciplinary action.
Under the circumstances, however, in view of carrier's offer, we recommend
that carrier renew its offer to restore the claimant to service under the
conditions set forth in Mx. Mitros' letter of June
8, 1977.
A W A R D
Claim denied as per findings.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOAS
By Order of Second Division
~semarie Branch - Administrative Assistant
Dated at Chicago, Illinois, this 14th day of April, 1978.