Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8229
SECOND DIVISION Docket No.
8066
2-B&O-FO-' 80
The Second Division consisted of the regular members and in
addition Referee George E. Larney when award was rendered.
( System Federation PIo. 4, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers)
(( Baltimore and Ohio Railroad Company
Dispute: Claim of Employes:
1. That under the current agreement Laborer Ben F. Hmpton was unjustly
dismissed from the service of the Baltimore and Ohio Railroad Company
effective December
27, 1977
and unjustly and arbitrarily held out of
service prior to his dismissal.
2, That accordingly the Baltimore and Ohio Railroad Company be ordered to
restore this employe with a clean record, seniority rights, vacation
rights, holidays, sick leave benefits, and all other benefits that an -
a condition of employment unirpaired and compensated for all lost tine
plus 101o interest annual on all lost swages. Also credit be given for
Railroad Retirement benefits, and reimbursement for all losses sustained
account of coverage under health and welfare and life insurance agreements
during the tame 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 employes 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.
Claimant, Ben F. Hampton, a Laborer, assigned to the Engine House at Carrier's
Stockyards Terminal located at Cincinnati, Ohio, was dismissed from service of the
Carrier effective December 27,
1077,
following an investigation held on December 1,
1977,
in which Claimant was charged with and adjudged guilty of: leaving, his wore
assignment without permission; being asleep on duty; and consumption of alcoholic
beverage while on duty.
On November
23, 1977,
fifteen (15) minutes prior to commencement of his
regularly assigned shift of 11:00 P.M. to 7:00 A.M., Claimant called and advised
his foreman that he i~rould be late for duty. Upon his arrival at work at annrox=mutely
1:45
A.:i., Hovenber 24,
1971,
Claimant's supervisor assigned Claimant duties of
emptying trash containers and cleaning floors in the Round House. At approxci_mately
3:00 A.M.., Claimant's supervisor, in an effort to locate Claimant, searched. the
Round House, rest room and lunch area but to no avail. Claimant's supervisor
Form 1 Award ido.
8229
Page 2 Docket No.
8066
2-B8O-FO-' 80
finally found Claimant in his car allegedly with a beer bottle in his hand and
asleep. According to testimony, the supervisor attempted to wake Claimant but
was unable to do so. The supervisor then returned to the Round House and enlisted the
help of the Traimaster. Both returned to Claimant's automobile and together they
were successful in arousing the Claimant.
At the hearing, Claimant admitted to leaving his assignment without permission
and to falling asleep in his automobile, but continued to deny having consumed any
alcoholic beverage, maintaining that he does not drink. Claimant explained his
behavior on the night in question by giving the following account: Claimant
testified that on the morning of November 23, 1977, his wife's aunt had died and
that while on her way home from the hospital, his wife was involved in an automobile accident. Subsequently the Claimant spent the day both comforting his wife
who was distraught over her aunt's death and the accident, and transporting some of
his wife's relatives. Claimant recounted that these family. misfortunes caused him
to report in late for work. At approximately 2:30 A.M.,about forty-five
(45)
minutes after he had been at work, Claimant recalled he had left his pipe in his
automobile which he desired to smoke. Claimant testified that when he entered his
car he saw an empty beer bottle lying on the floor of his automobile, which
Claimant conjectures, must have been left in the car by one of his wife's relatives
he'had chauffered earlier in the day. Claimant further testified that as he went
to dispose of the empty beer bottle he accidentally fell asleep due to an extreme
state of exhaustion and emotional stress brought on by the aforestated events of
the day.
Upon a thorough examination of the record, we find the Claimant received a: fair
and impartial hearing, noting the Claimant himself acknowledged same at the end. of
the investigation as reflected by the transcript. Frankly, we find Claimant's account
of his actions while at work the morning of idovember
24,
1977, as difficult to shallow
as apparently it is for Claimant to swallow alcoholic beverages. A preponderance
of the evidence clearly shows Claimant committed a combination of offenses, each of
which, standing alone, has been found by our Board in previous cases to warrant
discipline as severe as dismissal. Inasmuch as the Claimant himself confessed to
the charges of leaving his assignment without permission and falling asleep on the
job, we are left with no other choice but to sustain Claimant's dismissal from
service.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUST= BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By ._
losemarie Brasch - Administrative Assistant
Dated ~at Chicago, Illinois, this 16th day of January
_.980.