NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20588
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and
( Station Employes
PARTIES TO DISPUTE:
(George P. Baker, Richard C. Bond, and Jervis Langdon,
( Jr., Trustees of the Property of
( Penn Central Transportation Company, Debtor
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-7461) that:
(a) The Carrier violated the Rules Agreement, effective February 1, 1968, particularly Rule 6-A-1, w
Waverly Yard, Newark, N.J., Eastern Region, New Jersey Division.
(b) Claimant D. J. Faccone's record be cleared of the charges
brought against him on February 1, 1973.
(c) Claimant D. J. Faccone be compensated for wage loss sustained
during the period out of service, plus interest at the rate of 67 per annum,
compounded daily.
OPINION OF BOARD: Claimant was notified to appear at an investigation con
cerning a charge of conduct unbecoming an employee in
that he allegedly reported for duty under the influence of intoxicants.
Subsequent to investigation, Claimant was dismissed from Carrier's
service; however, during the appellate process, the discipline was reduced
to a six (6) month suspension, based upon Claimant's length of service and
past record.
Carrier presented direct evidence to establish that when Claimant
reported for duty he was weaving and reeling and fell into a chair. Additionally, he had difficulty
refused until he was removed from service. At the time of the incident,
Claimant conceded that he had been drinking.
At the investigation, Claimant acknowledged the accuracy of the
above stated evidence, however, he stated that his drinking had been limited
to two (2) beers, consumed approximately one (1) hour before reporting for
duty. He also stated that he took some medication after he drank the beers,
which accounted for his actions.
Award Number 20743 Page 2
Docket Number CL-20588
The Board is of the view that Carrier presented substantive
evidence, including Claimant's own testimony, to prove the charge. Claimant's defense is, at best, s
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.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
P
Executive Secretary
Dated at Chicago, Illinois, this 30th day of May 1975.