Form 1 NATIONAL RAILROAD ADJUST= BOARD Award ido. 7775
SECOND DIVISION Docket T::?o. 7588
2-scL-EW-178

The Second Division consisted of the regular members and in addition Referee Robert A. Franden when award was rendered.

( System Federation No. 42, Railway Employes'
( Department, A. F. of L. - C I. 0.
Parties to Dispute: ( (Electrical Workers)
(
(Seaboard Coast Line Railroad Company

Dispute- Clam of Fmplayes:

1. That the Seaboard Coast Line unjustly, 5m_properly, and without

supporting the burden of proof d:isx2issed Electrician Apprentice

Steven B. favelsky from service beginning Jmly 19, 1976.

2. That accordingly, the Carrier be ordered to remove this unjust

and improper dismissal from the service record of the C;la;._:nant and

compensate him far aLI time lost in connection therewith, beginning

July 2, 1.9`76 (date of improper suspensJ -on), th ralzgh and including

such date as he is properly restored to tire set-vice of the Carrier.

3. In addition, that Claimant be reinstated n; i.th a.1-`L seniority

rights, vacation rights and privileges, insurance ri ghts and

protection. as well as all other compensation lost as a result of

this improper and unjust dismissal.

Findings:

The S econd Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carriers and the employe or employer involved in this dispute are respectively cattier and em._ploya 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 a' appearance at hearing thereon.

Claimant was dismissed from the service of the Carrier for an alleged violation of Carrier Rule No. 18 "the possession or use of intoxicants or narcotics while on duty or on Company prop--t~ty is _prohi_bited'". Claimant was held out of service for five (5) days pending investigation, after which an investigation was held pursuant to proper notice.

1
Foam 1 Award No. 7775
Page 2 Docket No. 7588
2-SCL-EW-'78

The submissions in this case including the transcript of the investigation support the Carrier's finding that the violation was committed. This is a serious offense for which dismissal is a .proper remedy. We find no reason to disturb the discipline in this case.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMMa1T BOARD

By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Board

*, _

semarie Brasch - t~dn.inistrative Assistant

Dated at Chicago,, Illinois, this 20th day of December, 1978.

I