NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22619
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8615) that:
1. The Carrier acted in an arbitrary and capricious manner
and in violation of the current schedule agreement when it discharged
Mr. T. J. Hall.
2. The Carrier shall now be required to reinstate Mr. Hall
to his former position with all seniority and other rights unimpaired
and pay Mr. Hall for all time lost by him beginning May 17, 1977, and
continuing until Mr. Hall is returned to
service.
OPINION OF BOARD: Claimant had been in the service of the Carrier
as a dining car waiter for about one year. On
April 20, 1977, he. was notified to attend an investigation, or hearing,
on April 26, 1977. The letter of charge read in part:
"You will be charged with violation of Section 1,
Article 5 G of Manual of Instructions and Procedures,
Dining and Tavern Car Section, in that you were allegedly
under the influence of an intoxicant while serving as
waiter at approximately 9:00 P. M., Sunday, April 17, 1977,
on Dekalb County School Patrol Special Train, from
Washington to Atlanta."
Section 1, Article 5 G, as referred to in the letter of charge
reads:
"SECTION I - GENERAL
5. Conduct
G. The use of narcotics or intoxicants at any time while
on duty is detrimental to good service, and employees
Award Number
22557
Page 2
Docket Number CL-22619
"consuming either of these items while on duty or reporting
for duty under the influence of either, will be dismissed.
(1) The transportation or possession of intoxicating
beverages while on duty or while upon Company
property is prohibited. Employees guilty of the
infraction of this rule may anticipate discipline."
The investigation was held as scheduled. Claimant was present
at the investigation, and represented by two officers of the Organization.
A copy of the transcript of the investigation has been made a part of
the record.
On May 17, 1977, claimant was notified of his dismissal from
the services of the Carrier.
The Board has carefully reviewed the entire record, including
the transcript of the investigation. We find that none of claimant's
substantive procedural rights was violated in the investigation or in
the appeal of the case on the property.
There was substantial evidence presented in the investigation,
including the statement of the claimant, to support the charge against
claimant. There is no proper basis for this Board to interfere with
the discipline imposed.
FINDINGS: The Third Division of the Adjustment Board, after giving the
parties to this dispute due notice of hearing thereon, and
upon the whole record and all the evidence, finds and holds:
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.
Award Number
22557
Page 3
Docket Number CL-22619
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
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Executive ecretary
Dated at Chicago, Illinois, this 16th day of October
1979.