Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7702
SECOND DIVISION Docket No. 7572
2-spr-Ew-'78
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden when award was rendered.
( System Federation No. 114, Railway Employes'
( Department, A. F. of L. - C. 1.0.
Parties to Dispute: ( (Electrical Workers)
( Southern Pacific Transportation Company
Dispute: Claim of Employes:
1. That under the current Agreement, Mechanical Department Electrician
Helper M R. Shism was unjustly treated when he was dismissed
from service on January 22,
1976,
following investigation for
alleged violation of Rule "G" of the General Rules and Regulations
of the Southern Pacific Transportation Company on November 4, 1975.
2. That accordingly, the Carrier b e ordered to:
(a) Restore the aforesaid employe to service, with all seniority
rights unimpaired, compensate him for all time lost and with
payment of
6%
interest added thereto.
(b) Pay employe's group medical insurance contributions, including
group medical disability, Dental, dependent's hospital, surgical
and medical and death benefit premiums for all tine that the
aforesaid employe is held out of service.
(c) Reinstate all vacation rights to the aforesaid employe.
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 dis-issed from the service of the Carrier for violating
rule G of the General Rules and regulations of the Carrier. Rule G prohibits the use of alcoholic beverages while on duty and being under the influence of intoxicants while on duty.
Form 1
Page 2
Award No.
7702
Docket No.
7572
2-SPT-EW-'78
The record in this case well substantiates the finding that the Claimant
was under the influence of an alcoholic beverage while on duty on November
4,
1975.
This is a serious offense for which dismissal is a proper penalty and
we will not disturb same.
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTIENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 25th day of October.,
1978.
