Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11876
SECOND DIVISION Docket No. 11774
90-2-89-2-86
The Second Division consisted of the regular members and in
addition Referee Joseph S. Cannavo, Jr. when award was rendered.
(International Brotherhood of Firemen & Oilers
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
STATEMENT OF CLAIM:
1. That under the current and controlling agreement Service
Attendant, Ms. Vickie Bankston, I.D. No. 174488, was unjustly suspended from
service of the CSX Transportation, Inc., on June 14, 1988 after an
investigation was conducted by Mr. Gerald Williams, General Foreman, on June
8, 1988.
2. That accordingly, Service Attendant Bankston be compensated for
Tuesday, June 14, 1988 through July 13, 1988 (22 working days) both days
inclusive, eight (8) hours pay at the pro rata rate for the holiday of July 4,
1988, and any overtime she stood to work on that holiday, the payment of ten
percent (l0y) interest rate be added thereto and her personal record expunged
of any reference to this suspension from 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 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.
As the result of an Investigation on June 8, 1988, the Claimant was
issued a thirty (30) day suspension. The incident involved the Claimant's
impaired state caused by the consumption of an over-the-counter drug recommended by her doctor. The Claimant was charged with a violation of Rule 6 of
the CSX Transportation Safety Handbook which prohibits employees from reporting for duty while, under the influence of any substance that would adversely
affect the employees performance. The Claimant, whose duties include driving
a forklift, admitted consuming the drug knowing its impact, including drowsiness, nausea and shortness of breath.
Form 1 Award No. 11876
Page 2 Docket No. 11774
90-2-89-2-86
low
It is obvious to the Board that the Claimant openly and notoriously
violated a rule that is designed to protect her and other employees. In this
regard, nothing else need be written. The Board also finds that the disci
pline issued the Claimant was justified and not excessive especially in view
of the Claimant's prior record of discipline.
A WAR D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
(~Z/,
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ancy J.
711'~_
Executive Secretary
Dated at Chicago, Illinois, this 6th day of June 1990.