Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9~5~5~9
SECOND DIVISION Docket No. 9'+'+2
2-CR-EW-183
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That under the current Agreement, the action of the Consolidated Rail
Corporation (ConRail) in the removal of Electrician D. C. Johnston
from the service and his eventual dismissal on September 15, 1980
was unjust, capricious and arbitrary.
2. That accordingly, the Consolidated Rail Corporation be ordered to
restore Electrician D. C. Johnson to service with his seniority rights
unimpaired and compensated for all time lost.
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 employeuithin 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.
On August 29, 1980, at approximately 8:00 P.M., the Claimant, D. C. Johnston.
was one of six employes found in the washroom facilities of the refuel station
office by three supervisors who were acting upon prior reports of alcoholic
beverages being consumed in the terminal area. The Claimant, who was on duty,
was removed from service at that time and charged with violation of Safety Rule
4002 and Rule G. The Claimant subsequently appeared at a trial and, on September
15, 1980, was
informed his
dismissal was effective immediately.
The Organization protests the circumstances of Claimant's removal and
asserts he simply was not given a chance. While acknowledging some of the
individuals did have beer and that there were empty cans in a trash barrel, the
Organization claims the Carrier acted solely.on the basis of guilt by association..
The Board agrees that the evidence in this case is primarily circumstantial.
Despite the heat and humidity, three witnesses testified the Claimant
smelled
of alcohol and was glassy eyed. This Board has repeatedly held that non-expert
testimony of laymen witnesses concerning observations dealing with sobriety or
consumption of alcoholic beverages is competent and probative testimony. The
use of alcoholic beverages, intoxicants and/or narcotics is prohibited by Rule
Form 1
Page 2
Award No. 9559
Docket No. 9442
2-CR-EW-183
G and has been recognized as a proper cause of dismissal. We find no basis upon
which to disturb the findings of the Carrier and the action taken.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
emarie Brasch - Administrative Assistant
go,
Illinois, this 13th day of July, 1983.