tease Award No. 18508
Docket No. CL-18955
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 CINCINNATI UNION TERMINAL COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-6854) that:
1. Carrier acted in an arbitrary and capricious manner in dismissing William E. Cresap from Carrier service.
2. Carrier shall now be required to return Mr. Cresap to service
with seni6rity and all other rights unimpaired and to compensate
him for all wages lost as a result of the dismissal.
OPINION OF BOARD: Following a formal investigation held on
August 19 and 20, 1969, Claimant was notified on August 21, 1969, of his
dismissal from the Carrier's service on the following charges:
"Conduct unbecoming an employe of the Cincinnati Union Terminal and violation of Cincinnati Union Terminal Company rules prohibiting the use of intoxicants and narcotics, in that you were found
in the Cincinnati Union Terminal Company parking lot just north
of the Mail Building at 4:45 P. M. on Saturday, August 2, 1969, sitting on the ground leaning against the cushion of the front seat
on the driver side of your car, in an unconscious condition from
which you were removed by the Cincinnati Police Department Life
Squad to General Hospital where you were arrested on a charge of:
`Drunk-Down and Out:"
A transcript of the investigation conducted on August 19 and 20, 1969,
has been made a part of the Record.
From our review of the transcript of the investigation and the entire
Record before the Board, including Claimant's prior record, we do not find
that the action of the Carrier was arbitrary, capricious or in bad faith. We
will, therefore, deny the claim.
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 Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: E. A. Killeen
Executive Secretary
Dated at Chicago, Illinois, this 23rd day of April 1971.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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