Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10830
SECOND DIVISION Docket No. 9935
2-SCL-CM-'86
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. That the Seaboard Coast Line Railroad Company violated the
current controlling agreement when Carman J. T. Fagen was suspended beginning
December 17, 1980 and ending December 21, 1980, both dates inclusive,
resulting from investigation held on November 25, 1980 at Tampa, Florida.
2. That the Seaboard Coast Line Railroad Company violated the
Railway Labor Act by arbitrarily imposing rules not negotiated between
representatives of the employes and the before said Company.
3. That the Seaboard Coast Line Railroad Company discriminated
against Carman Fagen by holding this unwarranted investigation.
4. That the Seaboard Coast Line Railroad Company violated General
Rules 30 and 32 of the current agreement as the alleged charges were
incorrect, not precise and were prejudicial.
5. That the Carrier committed a procedural defect when Master
Mechanic R. D. Brigman, Jr. acted in all capacities regarding this case,
except that of the conducting officer of the hearing.
6. That accordingly, the Seaboard Coast Line Railroad Company be
ordered to compensate Carman Fagen for time lost, that being three (3) eight
(8) hour days at straight time and all other benefits he would have accrued
had this violative action against Carman Fagen not occurred.
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 employes 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_
Form 1
Page 2
Award No. 10830
Docket No. 9935
2-SCL-CM-'86
This Claim arose subsequent to an Investigation which resulted in the
Carrier's finding that the Claimant was in possession of beer on its property
and, consequently, that he was in violation of Rule 18 prohibiting the use or
possession of intoxicants or narcotics while on duty or on Company property.
The Board has examined the lengthy transcript of the Investigation
conducted on the property and the remainder of the total record before us, and
finds that there was no procedural violation of the Agreement by the Carrier
and that there was substantial evidence to support the Carrier's determination. We see no basis to set aside the discipline issued the Claimant.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Nancy J. D r - Executive Secretary
Dated at Chicago, Illinois, this 30th day of April 1986.