PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES



STATEMENT OF CLAIM: Claim of the District Committee of the Brotherhood that





OPINION OF BOARD: Here, the Claimant was charged with violation of Rule 831 of General Rules and Instructions by drinking intoxicating liquor and being in an intoxicated condition the morning of February 10, 1948.


The record indicates that the Claimant was afforded an investigation which was properly conducted throughout. Further, the Claimant was given a second hearing several days after he had been released from the service as a result of the investigation of February 20, 1948.


The evidence, as appears in the record of investigation, is adequate and upholds the Carrier in their finding the Claimant guilty of rule violation.


We, of this Board, believe that the decision of the Carrier as to guilt or innocence should not be disturbed in matters where there is substantial evidence to support such decisions. We further believe, as has been discussed at length by Judge John W. Yeager in Award No. 5835 of this



5889-2 1903

Division, that this Board may examine the character and extent of discipline imposed on the property and if deemed improper to adjust it.


In this present case, the rule violation was serious as well as being willful. The Claimant's seniority dated less than four years.


Based upon the entire record, we are of the opinion that the Carrier has not acted in bad faith in its determination of the Claimant's guilt nor was the discipline assessed excessive under the circumstances of this particular case.


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









ATTEST: (Sgd.) A. Ivan Tummon


Dated at Chicago, Illinois, this 28th day of July, 1952.