Award No. 16703
Docket No. CL-17624
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Arthur W. Devine, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
THE CHESAPEAKE AND OHIO RAILWAY COMPANY
(Chesapeake District)
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood (GI,6420):
(a) That the Carrier violated the Rules of Clerks' General Agreement and Supplements thereto, when on Wednesday, Feb. 15, 1967, at
approximately 4:00 P. M. it arbitrarily dismissed Grandon C. Salyers
from service without a hearing and again on March 6, 1967, it issued
letter to Grandon C. Salyers dismissing him from service as of March
6, 1967, charging him with being under the influence of intoxicants
at quitting time 3:30 P. M., Wednesday, Feb. 15, 1967, and
(b ) That Grandon C. Salyers be allowed eight hours pro rata
rate $22.18 per day on his Position of Store Helper C-156 for February 16, 1967 and each subsequent date until he is again returned to service with all rights and privileges restored and B. of 1.
removed from his service record.
OPINION OF BOARD:
Following an investigation conducted on February 27, 1967, Claimant herein was notified on March 6, 1967, that he was
dismissed from Carrier's service for being under the influence of intoxicants
at about 3:30 P. M., February 15, 1967, at Raceland Store, Raceland, Ky.
The Petitioner has raised procedural issues concerning the attendance of
witnesses at the investigation that was conducted on February 27, 1967;
however, after a careful analysis of the complete record in this particular
case, the Board is convinced that none of Claimant's substantive procedural
rights under the Agreement were violated.
As to the merits of the case, there was substantial evidence adduced at
the investigation in support of the charge against the Claimant, but, in our
opinion, based on the entire record, permanent dismissal from service was
excessive discipline. We will, therefore, award that Claimant be restored to
the service with seniority and other rights unimpaired, but without pay for
.fine 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 parties waived oral hearing;
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
That the discipline imposed was excessive.
AWARD
Claim sustained to the extent indicated in the Opinion and Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive
Secretary
Dated at Chicago, Illinois, this 30th day of October 1968.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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