NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21913
James F. Scearce, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Elgin, Joliet & Eastern Railway Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Elgin, Joliet and
Eastern Railway Company:
*** appeal from the discipline of dismissal of
Mr. L. Evanatz from the service of the Elgin, Joliet
and Eastern Ry. Co., following suspension on August 21,
1975.
It is requested that Mr. Evanatz be immediately returned
to his position of Signalman Gang No. 5, with all rights preserved
and pay for all time lost. _/Carrier's file: RS-1-76/
OPINION OF BOARD: We have carefully reviewed the record in this
dispute and find the following to be pertinent
acknowledged facts.
The Carrier's Signal Department Instruction Manual contains
a rule (G) governing employe conduct which prohibits the use of
intoxicants by employes subject to duty and prohibits the possession of
intoxicants by employes while on company property. On August 21, 1975
Claimant, an employe subject to duty, entered onto the Carrier's
property while he was under the influence and in possession of intoxicants.
Claimant's state was such that he could not be awakened upon his being
discovered there.
These acknowledged facts are sufficient to establish Claimant's
violation of Rule G.
We have also reviewed the Claimant's disciplinary record and we
must conclude that the discipline assessed is justified.
In the light of our finding on the merits of this case, we need
not resolve other questions raised which are in dispute.
Award Number 21723
Docket Number SG-21913
Page 2
FINDINGS: 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.
ATTEST:
a
41
Executive Secretary
NATIONAL RAILROAD ADJUSTMT BOARD
$· Order of Third Division
Dated at Chicago, Illinois, this 29th day of September 1977.
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