NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
W-21896
Herbert L. Marx, Jr., Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISHJTE:
(Louisville and Nashville Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
that:
(1) The dismissal of Track Repairman K. S. Morse by letter
dated July
3, 1975
but handed to the claimant upon his reporting for work
on Monday July
7, 1975
was without just and sufficient cause and on the
basis of unproven charges (System File 1-12
(139)/D-106136; E-306-18).
(2) The Claimant shall be reinstated to service with seniority
...
rights unimpaired and he shall be allowed pay for the same amount of straightti.me and overtime
7, 1975
and continuing until date of his restoration to
service.
OPINION OF BOARD: From our review of the record it is clear that claimant
was in violation of Carrier's Rule "G", which reads:
"G. The use of intoxicants or narcotics by employes
subject to duty, or their possession or use while on
duty, is prohibited, and will subject the offender to
dismissal."
Under the circumstances, however, permanent dismissal was excessive. Accordingly, we will award
seniority and other rights unimpaired, but without pay for time lost while
out of service.
FINDINGS: The Third Division of the Adjustment Board, upon the conole
record and %ill. 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;
Award Number 21831 Page 2
Docket Number MW-21896
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the discipline imposed was excessive.
_. A W A R D
- Claim sustained to the extent indicated in Opinion and
Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
-:.nr' By Order of Third Division
'.ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 6th day of January 1978.
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