C:\AWARDS\OUT\2-07740.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 77+0 . SECOND DIVISION Docket No. 7414
2-AT2xSF-EW-' 78

The Second Division consisted of tYE regular members and in addition Referee Robert GWilliams when award was rendered.

( System Federation No. 97, Railway Employes'

( Department, A. F. of L. - C. I. 0.

Parties to Dispute: ( (Electrical Workers)

(

( Atchison, Topeka and Santa Fe Railway Company

Dispute: Claim of Employes:

(1) That the Carrier erred and violated the contractual rights of

Mr. Garfield King when they dismissed him from service on February

25,

1976,

as a result of an investigation held on January 20,

1976_

(2) That, therefore, he be returned to service with all rights, privileges, and benefits restored including but not limited to vacation rights and seniority.

(3)

That he be compensated for all time lost including overtime and holiday pay that he would have earned had he not been dismissed from service.

(4)

further, that he be made whole for health and welfare benefit payments, retirement and any other benefits that would have occurred had he been working.

Findings: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that: The carrier ox 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.

The Board has reviewed the entire record in this case and finds that the evidence supports the Carrier's position. Intoxication is a very serinu.:~ offense in the railroad industry. Therefore, this claim must be denied.

A W A R D

Claim denied. Form 1 Page 2 Attest; Executive Secretary National Railroad Adjustment Board Award No. 77+0 Docket No. 7414 2-AT&SF-WT-' 78 NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division Byy ernaxie Bxasch - Administrative Assistant Dated t Chicago, Illinois, this 29th day of November, 1978.