NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
STATEMENT OF CLAIM: Request that Steward S. J. Sweeney be reinstated and paid for all time lost from October 13th, 1944, for being dismissed on the alleged offense, reading:
Claimant was held out of service without a fair and impartial trial, disregarding Regulation 6-A-1 of agreement effective January 16th, 1936, and should be reinstated and paid in accordance with Rule 7-B-1.
OPINION OF BOARD: There is no justification for the charge that the carrier in handling this case violated any of the provisions of Regulation 6-A-1.
The evidence justifies the finding that the claimant reported for duty in an intoxicated condition.
Considering all the facts, including the claimant's service records, we cannot say that the discipline ere imposed was unreasonable. So long as the action of the carrier is not arbitrary and unreasonable, this Board will not interfere. It will not substitute its judgment for that of the carrier.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and