NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-21967
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Burlington Northern Inc.
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The dismissal of Sectionman G. E. Greene for alleged
'violation of Rules G, 700, 702 and 702B of the Rules of the Maintenance
of Way Department for possession of narcotics on company property;
subjecting the company to criticism as a result of your arrest; for
failing to comply with instructions from proper authority October 23,
1975; and failing to protect your assignment October 24, 1975' was
excessive and wholly disproportionate to the offense with which charged
and in violation of the agreement (System File P-P-268C/MW-20 3/5/76 A).
(2) Sectionman G. E. Greene be reinstated with seniority and
all other rights unimpaired and he be compensated for all wage loss
suffered subsequent to December 10, 1975."
OPINION OF BOARD: The Claimant was dismissed for failure to protect
his assignment on October 24, 1975. The Claimant
admitted that he did not protect the assignment because, "I was in jail".
Without objection, evidence was introduced to show that the
Claimant was arrested October 23, 1975, for "criminal activity in drugs".
The Claimant further testified that the marijuana found in the bunkhouse
was his and that he had used it a couple of days before his arrest.
Certain procedural questions were raised by the Claimant in
his presentation to the Board, but none of these were raised on the
property and no timely objection was made concerning procedural or
substantive errors in regard to the hearing wherein the incriminating
facts were established.
The Company has supported the allegations raised in the
disciplinary proceeding and there is sufficient evidence to support the
discipline of discharge.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
Award Number 21826 Page 2
Docket Number MW-21967
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:
~ab'"~
Executive Secretary
Dated at Chicago, Illinois, this 6th day of January 1978.
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