NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number Mid-23441
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE;
-' (The Chesapeake and Ohio Railway Company
(Southern Region)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman Edward L. McQueen for alleged use of
intoxicants and for alleged violation of Rule 11 was without just and sufficient
cause and wholly disproportionate to the charges leveled against him (System
File C-D-789/NG-2561) .
(2) Trackman Edward L. McQueen shall be afforded the remedy prescribed
in Rule 21(e)."
OPINION OF BOARD: Following an investigation conducted on May 11, 1979, claimant
was notified of his dismissal from service on May 31, 1979 for
being at fault in the use of intoxicants on April 27, 1979 and violating role 11
of the Engineering Department Maintenance Rules on the same date.
Rule 11 of the Engineering Department Maintenance Rules, referred to
in the notice of dismissal, reads:
"11. No employe will absent himself from duty, nor
engage a substitute to perform his duties without
permission from the proper authority. Employes
must report for duty at the designated time and
place."
A copy of the transcript of the investigation conducted on May 11, 1979
has been made a part of the record. A review of the transcript shows that none
of claimant's substantive procedural rights was violated. Without detailing it,
suffice it to say that substantial evidence was adduced at the investigation to
support the discipline imposed. The claim will be denied.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and
all the evidence, finds and holds:
Award Number 2,:238
_- Docket Number MW-23441 Page 2
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 the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST;
&Awt
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Executive Secretary
Dated at Chicago, Illinois, this 31st day of March 1981.
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