NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8202
SECOND DIVISION Docket No.
1-8-13
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
International Association of Machinists
and Aerospace Workers
Parties to Dispute:
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That the Consolidated Rail Corporation be ordered to restore
Machinist Ferdinand Becker to service and compensate him for all
pay lost up to time of restoration to service at the prevailing
Machinists' rate of pay.
2. That Machinist Ferdinand Becker be compensated for all insurance
benefits, vacation benefits, holiday benefits, and any other
benefits that may have accrued and was lost during this period,
in accordance with rule J-1(e) of the prevailing Agreement which
was effective April 1,
1976.
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 inolved 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.
A review of the record of this case .raises no serious question but that
the
Claimant
had an alcoholic beverage in his possession, on Carrier
prorerty,
during working hours and that he was in the process of consuming such beverage.
Even if it could be assumed that the Claimant, as a relatively new employe,
was not aware of the Rule prohibiting such possession and consumption, reasonable judgment dictates against such action. Notwithstanding the Organization's,
claim to that effect, we find no particular error in the Carrier's investigation
and hearing in this matter.
Form 1
Page 2
A W A R D
Claim denied,
Attest:
Executive Secretary
National Railroad Adjustment Board
NATIONAL RAIUOAD ADJUSTMENT BOARD
By Order of Second Division
-w i ~1
~4`11 / .i-'
j'Rosemarie Brssch - Administrative Assistant
Dated
at Chicago, Illinois,
this
12th day of
December
1979.
Award No. 8202
Docket No.
7833
2-CR-MA-'
79