Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11753
SECOND DIVISION Docket No. 11494
89-2-87-2-164
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Western Lines)
STATEMENT OF CLAIMS:
1. That under the current Agreement, Mechanical Department Electrician G. E. Barbour was unjustly treated when he was dismissed from service
on November 14, 1986, following investigation for alleged violation of Rule
"G" of the General Rules and Regulations of the Southern Pacific Transportation Company (Western Lines).
2. That accordingly, the Southern Pacific Transportation Company be
ordered to restore Electrician G. E. Barbour 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 ten percent (10x)
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.
On January 15, 1986, Claimant entered into a Letter Agreement accepting a 22 working day suspension .in connection with an earlier alleged violation of Rule G. In that Agreement Claimant, among other things, agreed to
totally abstain from alcohol and other drugs for a period of one year and to
submit to random unannounced alcohol and/or drug tests during that time. The
Agreement was concurred in by a representative of Claimant's Organization.
On September 30, 1986, Claimant underwent a random urinalysis test
with a positive result for marijuana. On the basis of this indication,
Claimant was notified to attend a formal Investigation, after which he was
dismissed from service.
Form 1 Award No. 11753
Page 2 Docket No. 11494
89-2-87-2-164
We have examined the transcript of the Investigation and find that
adequate evidence was developed to establish that Claimant failed to abide by
the terms of the special Letter Agreement which he had freely entered into on
January 15, 1986. The evidence submitted in mitigation is not persuasive so
as to alter Carrier's determination of discipline. The dismissal will not be
disturbed.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: ~ _
Nancy J, er - Executive Secretary
Dated at Chicago, Illinois, this 26th,day of July 1989.