Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9460
SECOND DIVISION Docket No. 9274
2-CR-FO-'83
The Second Division consisted of the regular members and in
addition Referee Edward M. Hogan when award was rendered.
( International Brotherhood of Firemen & Oilers
Parties to Dispute:
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That, in violation of the current agreement, Laborer Rudolph Valentine
was unjustly dismissed from service of the Carrier following trial held
on May
7, 1980.
2. That, accordingly, the Carrier be ordered to make the aforementioned
Rudolph Valentine 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%) 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, 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.
With a year and one-half of service, Claimant was dismissed from the service
of the Carrier following a formal investigation on the charges of -Tiolation of Safety
Rule 4002 of the Carrier. Claimant had been observed smoking marijuana in Car 8238
on Track 114,
We find that the evidence as presented on the record is substantial, that the
hearing was fair and impartial, that there was no abuse of discretion or
discriminatory behavior on the part of the hearing officer. We also concur with
the position of the Carrier that the level of discipline as imposed in this case
was fully warranted given the severity of the proven charges. Smoking marijuana
while on duty is a serious offense warranting the imposition of severe discipline.
Dismissal, in this case, is warranted and justified. This Board has consistently
held that the hearing officer, as the trier-of-fact, is in a far better position
to determine the propriety of the evidence. This Board will not upset such findings
Form 1
Page 2
Award No. 9460
Docket No. 9274
2-CR-FO-183
absent more serious questions as the fairness of the hearing. Conflict in testimony
will not suffice for this Board to overturn the findings of the hearing officer.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By ~~./G/L
7marie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 4th day of May, 1983.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division