NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-19649
(Brotherhood of Railway, Airline and Steamship Clerks,
(Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7066)
that:
1. The Carrier violated the Agreement between the parties when on
January 8, 1971, it dismissed Bassett W. Moore from service without just cause.
2. The Carrier shall now be required to return Bassett W. Moore to
service, with all rights unimpaired and compensate him for all loss of wages.
3. The Carrier shall be required to compensate Bassett W. Moore for
one day at the H. 0. Cabin, Huntington, W. Va., time and one-half rate for
January 4, 1971, plus $5.00, expenses incurred while attending the investigation
on that date.
4. In addition to amounts claimed above, the Carrier shall pay
Bassett W. Moore an additional amount of eight (8) per cent per annum, compounded annually on the an
OPINION OF BOARD: 1. Claimant allegedly was intoxicated on company property.
If a man is intoxicated, possession of intoxicants is
established without seeing any intoxicants.
2. All procedural steps were followed properly and a finding was
made based on the evidence adduced at the Board of Inquiry.
3. There was nothing improper or arbitrary in the finding of the
Board of Inquiry.
4. The Carrier is well within its rights and duties in discharging
the Claimant.
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;
Award Number 19303 Page 2
Docket Number CL-19649
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.
A W A R D
Claim denied.
I NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
I
Dated at Chicago, Illinois, this 30th day of June 1972.