Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8074
SECOND DIVISION Docket No. 7973
2- CR-EW- ` 79
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered,
System Federation No. 109, Railway E7nployes'
Department, A. F, of L. C, I. 0.
( (Electrical Workers)
Parties to Dispute:_
( Consolidated Rail Corporation
Dis n~zte: Claim of Emplo~es:
1. That under the current agreement the carrier improperly
dismissed from service Michael Honan on March
3,
1977.
2. That accordingly the carrier W ordered to pay to Michael
Honan ali. :post buck ;.rages from March 3, 1977 until he is
restored to service.
3. That Michael Iionan be returned to service with seniority
rights unimpaired.
4.
That Michael Honan be made whole far rill vacation rights.
5. That Michael Honan be made whole for all health and
welfare and insurance benefits.
6·
That Michael Honan be made whale for pension benefits
including Railroad Retirement and Unemployment
Insurance benefits.
7. Amd that Michael Honan be made whole for arty other
benefits that he would have earned during the time he
was held out of 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 employee 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.
Form 1
Award No.
$0'74
Docket No.
7973
2-CR-Ew-'
79
After a full and fair investigative
hearing,
Claimant was dismissed
from service by the Carrier on March 16, 1977, for "being under the
influence of alcoholic beverages or narcotics, while on duty at Harrison
Yard 1:30 PM Thursday, March 3, 1977`x.
Based on the record of the investigative hearing, the Board finds
no basis on which to question the Carrier's finding that the Claimant was
guilty of the offense for which he was charged. Such employe conduct could
well warrant dismissal action in and of itself, but any doubt concerning
the severity of the penalty is further supported by the Claimant's
disciplinary record which shows a previous 30-day suspension for the sane
offense.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJLJSTMM BOARD
By Order
ox
Second Division
Attest; Executive Secretary
National Railroad Adjustment Board
By _
~Ito emarie
Brasch
- Administrative Assistant
Dated a Chicago, Illinois, this 5th day of September, 197.