Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11188
SECOND DIVISION Docket No. 11242
2-SP-EW-'87
The Second Division consisted of the regular members and in
addition Referee Paul C. Carter when award was rendered.
(International Brotherhood of Electrical Workers
Parties to Dispute:
(Southern Pacific Transportation Company
(Western Lines)
Dispute: Claim of Employes:
1. Under the current agreement, Mechanical Department Electrician S.
S. Al corn was unjustly treated when he was dismissed from service on April 26,
1985, following investigation for alleged violation of portions of Rule "G" of
the General Rules and Regulations of the Southern Pacific Transportation
Company (Western Lines). Said alleged violation occurring on April 8, 1985.
2. That accordingly, the Southern Pacific Transportation Company be
ordered to restore Electrician S. S. Al corn to service with all rights unimpaired, including service and seniority, vacation, payment of hospital and
medical insurance, group disability insurance, railroad retirement contributions, and loss of wages, including interest at the rate of 10 percent per
annum.
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.
Claimant was employed by the Carrier as an Electrician at Carrier's
West Oakland Diesel Department. On April 8, 1985, while on duty, Claimant was
found to be in ppssession of marijuana, at which time he was withheld from
service. Following a formal Hearing conducted on April 17, 1985, Claimant was
dismissed from service on April 26, 1985, for alleged violation of Carrier's
Rule "G" of General Rules and Regulations.
Form 1 Award No. 11188
Page 2 Docket No. 11242
2-SP-EW-'87
A copy of the Transcript of the formal Hearing conducted on April 17,
1985, has been made a part of the record. We find that the Hearing was conducted in a fair and impartial manner. In the Hearing substantial evidence
was presented, including Claimant's statement, that Claimant was in possession
of marijuana while on duty on April 8, 1985. Claimant testified that he was
familiar with Carrier's Rule "G". The statement of Claimant as to how he came
into possession of the marijuana is not persuasive.
The possession of, use of, or trafficking in drugs of any nature are
considered serious offenses in the railroad industry. Claimant's dismissal
was justified.
In the handling of the dispute on the property and in its Submission
to this Board, the Organization has contended that as Claimant had gone
through a rehabilitation program on the property, he should have been permitted to return to service. No rule has been cited requiring such action by
the Carrier. However, the record does show that following Claimant's going
through the rehabilitation program, he was given a physical examination by the
Carrier, looking to his possible return to service, but it was again found
that Claimant had a controlled substance in his system. There being no rule
on the subject, this issue may only properly be left to the parties involved.
(Second Division Award No. 8636, and Third Division Awards Nos. 25553 and
24531).
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
N4;Z.~a __
ancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1987.