Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 929
SECOND DIVISION Docket No. 8891
2-C8c0-CM-' 82
The Second Division consisted of the regular members and in
addition Referee George V. Boyle when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ( and Canada
( Chesapeake and Ohio Railway Company
Dispute: Claim of Employes:
1. That Freight Car Repairer Tentative, Robert A. Ruby was unjustly
dismissed from service as result of investigation held in the office
of General Plant Manager, Raceland Car Shop, Wednesday, May 23, 1979
in violation of Rule 37 of the Shop Crafts Agreement.
2. Accordingly, Ruby is entitled to be reinstated to service with seniority
rights, vacation rights, and all other benefits that are a condition of
employment unimpaired, with compensation for all lost time plus six
percent interest; reimbursement for all losses sustained account loss
of coverage under health and welfare and life insurance agreements during
the time 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, 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.
Claimant was employed by the carrier as a Freight Car Repairer Tentative at
the Raceland, Kentucky Car Shop. On May
5,
1979 he was found to have in his
possession, while on duty and on the carrier's property a brown leather satchel
containing
414
grams of marijuana. His possession of this substance was witnessed
and the character of the material verified subsequently by the State Police
Laboratory.
After a hearing and investigation the claimant was dismissed on a charge of
"possession of marijuana on company property at Raceland Car Shop during his
assigned tour of duty".
The Employes assert that the dismissal was arbitrary, capricious and
inconsistent. Further they claim that the penalty is to severe based upon the
claimant's unblemished work record and satisfactory performance of all duties
without complaint.
Form 1
Page
2
Award No. 9209
Docket No.
8891
2-C&O-CM-'82
The Board finds to the contrary. Simple possession of any amount of
marijuana on the carrier's property while on duty is a serious offense for which
dismissal is a legitimate pena.i.ty. There have been numerous Awards to this
effects Second Division Awards No.
8+06, 6955
and Third Division Award
21925
are
cited. In this case the Claimant was in possession of
414
grams, or one ounce
less than a full pound of marijuana. This is a gross amount, a gross violation
and the Board will not speculate on the reason for such a large amount to be in
the claimant's possession, where and when it was discovered. Clearly he was
guilty as charged and the carrier's action could in no way be characterized as
"arbitrary, capricious and not consistent".
As to the severity of the penalty, Messrs. Gilbert and Sullivan would say
that it "fit the crime".
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
rie Brasch - Administrative Assistat
Dated a hicago, Illinois, this 22nd day of July, 1982,