Form I NATIONAL RAILROAD ADJUSTMENT BOARD Away d No. 9396
SECOND DIVISION Docket No. 9008
2-BN-SM-'83
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
Sheet Metal Workers' International Associatio n
Parties to Dispute:
( Burlington Northern Railroad Company
Dispute: Claim of Employes:
1. That the provisions of the current agreement, Rule 35 (g) in particular,
have been violated, account, Sheet Metal Worker Apprentice, R. L.
Williams was given formal investigation, held on August 28, 1979
resulting in excessive discipline being rendered, in that he was dismissed
from the service effective 3:00 P.M., September 18, 1979.
2. That because of such excessive discipline being rendered, the Carrier
be required to re-instate and compensate Mr. R. L. Williams for all
time lost, the record of his dismissal be removed from his personal
record and that he be made whole for all fringe benefits 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.
As a result of an investigation held on August 28, 1979 Claimant, a S heet
Metal Worker, was notified by Carrier of his dismissal effective September
18,
1979, for possession of marijuana in violation of Rule G. He began employment
with the Carrier on April 9, 1979.
The Organization claims the discipline is excessive and unreasonable and
in violation of Rule
35
(g). In support of its position, the Organization points
out Claimant had no previous warnings, reprimands or discipline in his record.
It argues that the amount of marijuana was small, and when considered in light of
the Claimant's aclaiowledgmrnt of a drug problem and participation in the Carrier's
Social Counseling Program should have been considered as mitigating circumstances.
A review of this matter discloses the Grievant admitted possession of marijuana
on the night of August
18,
1979. Therefore, this Board finds the only issue to
be the amount of discipline imposed. Possession of marijuana on duty, no matter
what the quantity, is a very serious violation of the Carrier's rules. Claimant's
Form 1
Page 2
Award No. 9396
Docket No. 9008
2-BN-SM-183
participation in a drug rehabilitation program subsequent to the violation is
immaterial.
There is no evidence to support a claim the Carrier acted in an
arbitrary or capricious way in dismissing the Grievant. The Board finds the
record clearly affirms the violation, and we do not intent to substitute our
judgment for the Carrier's in the assessment of penalty.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
emar:ie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 9th day of February, 1983.