NATURAL RAILBCAD ADJU87MM BOARD
THIRD DIVISICN Docket Number CE.-22191
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPVIE:
(The Toledo Terminal Railroad Company
STAM24ENT (F CLAIZi: Claim of the System Committee of the Brotherhood
(aL-8450) that:
(a) The Carrier violated the Agreement when, on April 23,
1976,
it arbitrarily dismissed Mr. Joseph Shrevabery from service
with the Toledo Terminal Railroad Company, and
(b) That Mr. Joseph Shrewsbery be restored to service with
fall seniority unimpaired and compensated for all wages and wage
equivalents lost for the period he is held out of service because of
the Carrier's wrongful action.
OPINION CF
BOARD: Claimant was dismissed from Carrier's service on
April 23,
1976a
following an investigation
concerning changes contained in a notice dated April 13,
1976
as
follows:
"You are charged with conduct unbecoming an
employee, inasmuch as yon were arrested, charged
and found guilty of possession of hallucinogens."
At the investigation claimant was present throughout and ably
represented. Ho exceptions were voiced at the investigation relative
to the procedure.
Our review of the record discloses that there were no
procedural defects therein; that claimant ryas vigorously represented
throughout; and, that there is more than substantial evidence in the
record to support a finding that claimant was culpable as charged.
We also find in the record that on at least two (2)
occasions during the appeal processes on the property Carrier offered
to reinstate claimant to service on a leniency basis without prejudice
to his rights to progress any claim which he might have desired to
pursue relative to this matter. For reasons known only to claimant,
he rejected Carrier's offers.
Award Humber 22158
Docket Bomber CL-22191
Page 2
Upon consideration of the entire record, we conclude that
claimant erred in not accepting Carrier's offer. The charge here
was a serious me. The evidence adduced at the investigation supported
the charge. The discipline as assessed was not unreasonable or
capricious under the circumstances which existed in this case. The
claim mast be denied.
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 &Waved June 21,
1934;
That this Division of the Adjustm~at Hoard has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
A if A R D
Claim denied.
ATT83T: (/Vi
Executive Secretary
lYATICUL RAILROAD AD.IUSTKW HOARD
Par
Order of Third Division
Dated at Chicago, Illinois, this 31st day of July 19'T8.