Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9301
SECOND DIVISION Docket No. 8959
2-CR-FO-182
The Second Division consisted of the regular members and in
addition Referee John J. Mikrut, Jr. when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute:
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That, in violation of the current agreement, laborer Dwight R. Sawyer
was unjustly dismissed from service of the Carrier following trial held
on July 11, 1979.
2. That, accordingly, the Carrier be ordered to make the aforementioned
Dwight R. Sawyer whole by restoring him to Carrier's service, with
seniority rights unimpaired, made whole for all vacation rights, holidays,
sick leave benefits, and all other benefits that are a condition of
employment unimpaired, and compensated for all lost time plus ten (10°0)
percent interest annually on all lost wages, also reimbursement for all
losses sustained account of coverage under health and welfare and life
insurance agreements during the time he has been 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, a Laborer with seniority date of December 20, 1977, at Carrier's
Stanley Diesel Terminal, Toledo, Ohio, was charged with "(V)iolation of Rule 4002
of the Maintenance of Equipment Safety Rules in that you were observed smoking
marijuana in Stanley Diesel Terminal at approximately 9:25 P.m. on June 26, 197c3,
while you were on duty and under pay
..."
Pursuant to an investigatory hearing
which was held on July 11, 1979, Claimant was adjudged guilty as charged and was
terminated from Carrier's service. Said termination is the basis of this claim_
The instant case is the companion to Award No. 9300 which was decided by
the Board previously and which involved the dismissal of laborer T. Apel for
charges that were exactly the same as those cited hereinabove. Though said cases
involve the same incident, their respective claims have been filed and argued
separately. With the sole exception that Mr. Apel appeared as a witness and
testified on behalf of Claimant in the instant case (although said testimony is
deemed by the Board not to have been significant), the same factual circumstances
Form 1
Page 2
Award No. 9301
Docket No. 8959
2-CR-FO-'82
are operative in both cases and the same basic arguments have been proffered by
the parties in support of their respective cases. Insofar as the Board can see
no appreciable differences whatsoever between the two cases, the same rationale
and logic which was developed in Award No. 9300 will also be applied in the
instant case thus necessitating the rendering of exactly the same award as was
rendered therein.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division
;emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 22nd day of September, 1982.