Form 1 NATIONAL RAILROAD ADJUSTlENT BOARD Award No.
7533
SECOND DIVISION Docket No. 7442
2-AT&SF-FO-'78
The Second Division consisted of the regular members and in
addition Referee Theodore H. O'Brien when award was rendered.
( System Federation No. 97, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers)
(
( Atchison, Topeka & Santa Fe Railway Company
Dispute: Claim of Employes:
(1) That under the current agreement Laborer Harold Price was unjustly
dismissed from the service of the Carrier as a result of an
investigation held on September
18, 1975
at Galveston, Texas.
(2) That accordingly the Carrier be ordered to reinstate the Claimant
with his seniority, vacation, hospital and insurance rights
unimpaired and also that he be additionally compensated at his
applicable hourly rate of pay for all tune lost retroactive to
September 9,
1975
and to continue on the same basis until he is
returned to service.
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.
The Claimant was regularly employed as a Laborer by the Carrier at
their Galveston, Texas shops. Claimant was employed on June 1,
1974
at
Galveston, Texas, however, he was furloughed on June 11,
1974
and recalled
on July 11,
1975.
Therefore, he had a combined total of less than ten (10)
weeks' service with the Carrier at the time that the instant dispute arose.
A formal investigation was held on Thursday, September
18, 1975
to determine
the facts in connection with Claimant allegedly being under the influence
of intoxicants and asleep while on duty at approximately 10:20 P.M. on
September
9, 1975.
As a result of the investigation, Claimant was removed
from service.
Form 1
Award No.
7533
Page 2 Docket No.
7442
2-AT&SF-FO-'78
The Organization has progressed the instant claim fox the reinstatement
of the Claimant with all rights unimpaired and for compensation for all
time lost retroactive to September
9, 1975,
on the basis that Claimant was
unjustly dismissed from Carrier's service as a result of the evidence
adduced at the investigation held on September
18, 1975.
It is the
position of the Employes that the Carrier did not ,produce the necessary
probative evidence needed to substantiate the charges set forth i n the
investigation.
Based on the record before us, we cannot agree with the position of the
Organization. In fact, it is the opinion of this Board that there exists, in
the record, substantial evidence of probative value to justify the discipline
of dismissal which was imposed on the Claimant following his investigation.
The facts brought out at the investigation clearly prove that the Claimant
was asleep while on duty and that he was under the influence of intoxicants.
The testimony of the General Foreman and the Traveling Car Foreman on duty
on the night of the incident at hand, clearly substantiates Carrier's
charges that the Claimant was asleep and under the influence of intoxicants
while on duty. The General Foreman testified at the investigation as
follows:
"... As we walked by this camper I heard someone snoring.
I shined my light in the camper and saw (Claimant) asleep.
After numerous attempts, (Claimant) was awakened. As
he sat up I could smell a heavy odor of alcoholic beverages
on his breath."
The Traveling Car Foreman related, at the investigation, what occured on the
night of the incident in dispute, as follows:
"We started looking for him ... and found him in the back
of the pickup truck with a camper on it. He was asleep
and we finally, woke him up. He had been drinking, to my
way of t~linkino:, and zvras pretty intoxicated, the way he
talked, acted and smelled."
There is no question that the investigation produced substantial
evidence to support Carrier's charge that the Claimant violated Rules 1,
7, 16, 17
and
18
for Form
2626
Standard, General Rules for the Guidance of
Employes. It is the opinion of this Board that in view of the severity of
the offense and the C 1aiii:ant's brief period of service, the Carrier's action
cannot be said to be unjust, unreasonable or arbitrary. We will not disturb
the Carrier's decision to dismiss the Claimant from service. Accordingly,
the claim shall be denied.
A W A R
D
Claim denied.
1
Form 1 Award No.
7533
Page
3
Docket No.
74-42
2-AT8aSF-FO-'
78
NATIONAL RAILROAD ADJUSTME-TU BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By-narie Brasch Administrative Assistant.
em -narie
Dated at Chicago, Illinois, this 9th day of May, 1978.
I