NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22711
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO
DISPUTE:
(The Atchison, Topeka and Santa Fe
( Railway Company
STATEMENT OF CLAIM; Claim of the System Committee of the Brotherhood
(GL-8691) that:
(a) Carrier violated the rules of the current Clerks' Agreement at Topeka, Kansas, commencing March
it wrongfully discharged H. T. Albright, R. D. Lehrman and L. E. Stephey
from service, and
(b) H. T. Albright, R. D. Lehrman and L. E. Stephey shall
now be reinstated with all their seniority rights and other rights
accruing thereto unimpaired, and shall be compensated for eight (8)
hours' pay at pro rata rate of positions held March 6 and,4qr''7, 1978,
for each work day commencing March 7 and/or March 8, 1978;--and continuing until such time as they a
(c) Upon expiration of sixty (60) days from date of
submission, Carrier shall also pay ten per cent (10%) interest on the
amounts claimed.
OPINION OF BOARD: The claimants were employed in Carrier's Materials
Department at Topeka, Kansas.
On March 6, 1978, each of the claimants was notified that
he was being held out of service pending formal investigation to be
held on March 10, 1978.
Also, on March 6, 1978, claimants were notified in separate
letters by Carrier's Manager of Materials - System, to report for
formal investigatiom on Friday, March 10, 1978, at 9:30 A.M_ to
develop the facts and place responsibility, if any, in connection with
possible violation of Rule 6 of the General Rules for the Guidance of
Employes, Form 2626 Std., effective May 1, 1975 and Rule 7 of the
Safety Rules for Santa Fe Employes, Form 2929 Std., effective
Award Number 22692 Page 2
Docket Number CL-22711
April 15, 1976, concerning the alleged possession and use of marijuana
while on duty on the part of claimant Stephey on February 21, 1978,
claimant Lehrman on February, 21 and 22, 1978 and claimant Albright
on February 21, 22, and 23, 1978.
- The investigation was conducted as scheduled. On March 22,
1978, each of the claimants was notified of removal from service for
violation of the rules cited in the notices of investigation.
Rule 6 of the General Rules for the Guidance of Employes
reads:
"The use of alcoholic beverages, intoxicants or narcotics
by employes subject to duty, or their possession or use
while on duty, or on Company property is prohibited.
Employes must not report for duty under the influence of
any drug, intoxicant, medication or other substance
(including those prescribed by a doctor or dentist)
that will in any way adversely affect their alertness,
coordination, reaction, response, or safety. No such
drug, intoxicant, medication or other substance may be
used by employes on duty or while on Company property."
Rule 7 of the Safety Rules for Santa Fe Employes reads:
"The use of alcoholic beverages, intoxicants or narcotics
by employes subject to duty, or their possession or use
while on duty or on company property, is prohibited."
Copy of the transcript of the formal investigation conducted
on March 10, 1978, has been made a part of the record.
Without detailing all the evidence in the investigation,
suffice it to say that there was substantial evidence in support of
the charge against each of the claimants. There is no proper basis
for this Board to interfere with the discipline imposed by the Carrier.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
Award Number 22692 Page 3
Docket Number CL-22711
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:
~ &J y
-
Executive Secretary
Dated at Chicago, Illinois, this 11th day of January 1980.