Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7725
SECOND DIVISION Docket No.
75$9
2-CR-MA-`78
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden when award was rendered.
( International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
( Consolidated Rail Corporation
Dispute: Claim of Employes:_
That the Carrier violated the Controlling Agreement wh en on
November 29, 1975,
Machinist W. D. Atkinson wa.s removed from service
pending investigation and on December
19, 1975,
dismissed in all
capacities as a result of the investigation. That Machinist W. D.
Atkinson be returned to duty, compensated for all wage losses, with
seniority unimpaired, and made whole for any and all benefit losses
due him under the Agreement and existing law.
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.
i
Pat-ties to said dispute waived right of appearance at hearing thereon.
Claimant was charged with reporting for duty under the influence of
alcohol and disorderly and abusive conduct including verbal threats of
bodily harm to supervision. Following an investigation held pursuant to
proper notice the claimant was found guilty and dismissed from the service
of the carrier.
We have reviewed the transcript of the hearing held in this matter
and find that sufficient evidence of probative value was presented at
that hearing to support the charge. We have consistently held that
dismissal is a .proper penalty for offenses such as those involved herein.
We will not disturb the discipline.
We find that the Agreement was not violated.
Form 1
Page 2
Claim denied.
Award No. 7725
Docket No. 7589
2-CR-MA-178
A WA R D~
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
V
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 1st day of November, 1978.