BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
NORFOLK AND WESTERN RAILWAY COMPANY
(Western Region)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6331) that:
OPINION OF BOARD: The Claimant herein was dismissed from the Carrier's service on October 6, 1966, for reporting late for work and in an intoxicated condition on September 27, 1966. The claim seeks restoration of Claimant to service as yard clerk with seniority and other rights unimpaired and that he be reimbursed for all wage loss sustained as a result of his dismissal.
In its submission to this Board the Petitioner contends that Claimant's procedural rights were prejudiced in the manner in which the investigation was conducted and the appeal was handled on the property. We find no valid basis for such contention. As such contention was not made in the handling of the dispute on the property, it cannot be made for the first time before this Board, and we will not consider it.
As to the merits of the dispute, it is clear from the record that Claimant did report late for work on the date involved. The record is also clear, however, that, realizing that he would be late, he telephoned the office and reported that he would be late. When he did report, about 40 minutes after his assigned starting time of 7:00 A. M., he was informed by the Chief Clerk
that he would not be allowed to work and that other arrangements had been made to fill the position that day. In the investigation the Chief Clerk and the Assistant Trainmaster testified that in their opinion the Claimant was intoxicated. The Claimant admitted that he drank some beer the night before.
The Board finds no proper basis for the contention that the charges against the Claimant were not sustained.
However, based on the entire record, and considering all the circumstances in the case, the Board considers permanent dismissal from the service to be excessive, and concludes Claimant should be restored to service with seniority and other rights unimpaired, but without pay for time lost while out of service.
FINDINGS: The Third Division of the Adjustment Board, 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