NATIONAL RAILROAD ADJUSDENT BOARD
THIRD DIVISION Docket Number
CL-23155
(Brotherhood of Railway, Airline and Steamship Clerks,
Freight Handlers, Express and Station Employes
PARTIES TO DISPUPg.
(The Chesapeake and Ohio Railway Company
STATEMENT OF
CLAIM:
Claim of the System Committee of the Brotherhood
(GL-8889)
that:
(a) The Carrier violated the Clerks' Agreement when they dismissed
Clerk Kerry D. Mercier from service on September
22, 1976.
(b) Claimant Mercier now be restored to full service with the
Carrier with all rights unimpaired, and
(c) Claimant Mercier be compensated for all wages lost as a result
of the Carrier withholding him from service beginning September
3, 1976,
to
date.
OPINION
OF
BOARD: According to the record, claimant had an employment date
with the farris~r of October
13, 1972,
and had established
seniority on the Detroit District Transportation Clerks' roster on October 14,
1974.
On September
3, 1376,
claimant was assigned as operator at Plymouth,
Michigan, with assigned hours 12:00 Midnight to
8:00
A.M# On that date he was
notified to attend investigation at
10:30
A.M., Monday, September
13, 1976,
on
the charge:
li "You are charged with responsibility in connection with
not being physically fit to perform service, specifically
the violation of Rule
G
at or about 1:40 a.m* on September
3,
1976,
while working the position of
T-30,
scheduled to work
12:00 midnight to
8:00
a.m. at Pl,,mouth, Michigan.
Arrange for representation and/or witnesses, if so desired."
The investigation was conducted at the time scheduled. A cop;r of
the transcript has been made a part of the record. The Board has carefully
reviewed the transcript and finds that none of claimant's substantive procedural rights was violated
and was represented. On September 22,
1976,
claimant was notified of his
dismissal from service.
Award Number
230
Page 2
Docket Number CL-23155
Carrier's Rule "G" provides:
"The use of intoxicants, narcotics or dangerous drugs by
employees subject to duty, while on duty or on Company
property is prohibited. Possession of intoxicants,
narcotics or dangerous drugs or participation in any
transaction involving same by employees while on duty
or on Company property is prohibited.
"The use of any medication, including those prescribed
or dispensed by person or persons authorized to do so,
that will adversely affect the employee's alertness,
coordination, reaction, ,judgment, vision or gait when
subject to duty or on duty is prohibited."
In the investigation substantial evidence was adduced in support of
the charge against claimant. Two Carrier officers, a Road Foreman of Engines
and an Acting Assistant Trainmaster, as well as a Patrolman, testified that
they observed claimant after he reported for duty and considered him to be
under the influence of intoxicants. The claimant admitted having consumed
three beers about 8:00 P.M.
Based upon the entire record, the Board concludes that severe
discipline was warranted; however, permanent dismissal was excessive. The
time that claimant has been out of service should constitute sufficient discipline. We will award th
other rights unimpaired, but without any compensation for time lost while out
of service.
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;
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 permanent dismissal was excessive.
Award-Number 23080 page 3
Docket Number OL-23155
Claim sustained to the extent indicated in Opinion and Findings.
NATIONAL RAILROAD AWM24ENT HOARD
BY Order of Third Division
ATTL' 1T:
aecutive Secretary
Dated at Chicago, Illinois, this 15th day op December 1980.