STATEMENT OF CLAIM: Claim of the Joint Council Dining Car Employes, Local 351, on the property of the Chicago and Eastern Illinois Railroad Company, for and in behalf of Henry Willis and Addis M. O. Davis, Dining Car Waiters, to be returned to service with seniority rights accumulated and unbroken, and with compensation to the extent suffered as a result of unjust and wrongful discharge in violation of the current agreement and in abuse of the Carrier's discretion.
OPINION OF BOARD: Henry Willis and Addis M. O. Davis, dining car waiters, were, on April 21, 1947, dismissed from the service by the Carrier herein on account of claimed intoxication while on duty on a train of the Carrier, which train was on April 17, 1947 proceeding from.Cbicago, Illinois to vansville, Indiana.
The Joint Council Dining Car Employes, Local 351, the organization representing these employes, seeks their return to service with seniority rights unimpaired and unbroen and compensation for the time lost on account of dismissal.
The grounds of the claim are that it has not been shown that these men were intoxicated, that they were not accorded a fair hearing, and that the discipline was too severe.
As to the matter of whether or not these employes had a fair hearing, they were notified in writing both before and after dismissal of the specific ground therefor. They were allowed an investigation in conformity with the requirements of the controlling agreement. At the hearing all witnesses were called and examined who appeared to have knowledge of the matter under investigation and full opportunity was afforded for examination and cross-examination. The representatives of the employes were of their own choosing. There was no evidence of obstruction or intimidation. The record does not disclose any violation of the agreement or of any substantial right of the employes in this respect.
As to the question of intoxication, it may well be said that seniority Tights and the right to work in a position ought not to be destroyed or taken away in the absence of convincing proof or upon conjecture or suspicion. The proof of intoxication to warrant discipline should be sufficient to convince reasonable minds that it did exist.
The evidence before the Division when considered in this light we think was sufficient to convince that these two employes were intoxicated at