NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number CL-20546
Robert A. Franden, Referee
(Brotherhood of
Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and
( Station Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Pacific Lines)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-7482) that:
(a) The Southern Pacific Transportation Company violated the
current Clerks' Agreement on December 12, 1972, when it dismissed K. A.
Northcutt from service based on inconclusive evidence in connection with
an alleged violation of Rule "G";
(b) The Southern Pacific Transportation Company shall now be
required to reinstate Mr. Northcutt to service with seniority and all
other rights unimpaired, and allow him one (1) day's pay at the applicable
pro rata rate of Relief Position No. 41 each date commencing December 2,
1972, and continuing until returned to service;
(c) For any month which claim is made for compensation in
behalf of the Claimant, premium payments shall be made in his behalf in
the appropriate amounts required under Travelers Group policy Contract
GA-23000, as amended, for all benefits described therein.
OPINION OF BOARD: Claimant, K. A. Northcutt, was dismissed from the
service of the Carrier for an alleged violation of
Rule G of the general rules and regulations of the Carrier
which pro
hibits being under the influence of intoxicants.
It is the contention of the organization that there has been
insufficient evidence presented to substantiate the charge.
The record does not support the organization's contention in
this regard. There was sufficient evidence presented at the hearing
from which reasonable men could have concluded that Claimant was guilty
of a Rule G violation. Br the well established standards of review set
by this Board there has been no basis shown for substituting our judgment
of the charge for that of the hearing officer. Further there has been no
showing that the discipline of dismissal was too severe.
Award Number 20504 Page 2
Docket Number CL-20546
F?'1DINGS: The Third Division of the Adjustment Hoard, 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 Hoard has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD AD,TUSTMECZT HOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 8th day of November 1974.