NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-23010
James F. Scearce, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employee
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-8823)
that:
(1) The Carrier violated the terms of the Agreement between the
Parties when, on March 23, 1977, it imposed discipline of 15 days' suspension
from service upon Yard Clerk G. A. Miller as a result of an investigation held
March 9, 1977, and
(2) The Carrier shall, as a result, be
required to
compensate
Mr. G. A. Miller fifteen (15) days' pay at the rate of his position for the
period March 29, 1977 through April 13, 1977.
OPINION OF BOARD: Notwithstanding the Organization's contentions on the record
to the contrary, the Carrier has met its obligation to
establish that the Claimant was in a company vehicle on the premises with intox
icating beverages in his possession -- all without authority and in violation
of applicable Rules. Additionally, the record supports the Carrier's claim
that the hearing was properly conducted. As to the extent of the discipline
assessed, considering the seriousness of the infraction, we find no basis to
mitigate the suspension as assessed.
FINDIMS: 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 Employee 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
23128
Docket Number CL-23010 Page 2
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTIENP BOARD
By Order of Third Division
ATTEST:
Aqeo4~
Dated at Chicago, Illinois, this
1M
day of
Jane 1981.