_ NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Nmber
CL-23363
Brotherhood of Railway, Airline and Steamship Clerks,
Freight Headlers. Express and Station Feployes
PARTIES TO DISPUTE:
(The ~eeepeske and Ohio Railway Company
STATSUIFT O' CLAM: Claim of the System Committee of the Brotherhood
(GL-8976)
that:
(a) The Carrier violated Rule
27
and others of the Clerks' Agreement
when they dismissed Clerk G. L. Martin from all service with the Carrier on
July
20, 1978
and
(b) Claimant Martin now be restored to service with all rights unimpaired and compensated for all wa
of this violation.
OPINION OF
BOARD: The record shows that claimant entered the Carrier's
service on July
31, 1974,
as an Employment Date Clerk,
performing extra work in filling vacancies at Walbridge Yard at Toledo, Ohio.
He subsequently acquired a bulletined. position and established a seniority
dating of August
16, 1975.
At the time of the occurrence giving rise to the dispute herein,
claimant was assigned as Storeroom Truck Driver at Walbridge Yard. On
My 31s 1978,
the Terminal superintendent wrote claimant:
"Arrange to attend investigation at the YMCA Conference
Room, Walbridge, Ohio,
9:00
a-so.. Wednesday, June
7, 1978.
You are charged with conduct unbecoming an employee by
your having been arrested by the Metro Drug Unit, Toledo,
Ohio On MAY 12,
1978,
and charged with complicity in the
sale of drugs (Cocaine).
Arrange for representation and/or witnesses if desired."
By agreement, the investigation was postponed and conducted beginning
at
9:30
A.M., July
13, 1978.
A copy of the transcript of the investigation has
been made a part of the record. The claimant stated in the investigation that
he had been advised by his legal counsel to not discuss the case other than to
profess innocence.
= Award Number
23284
Page 2
Docket Number
CL-23363
On July
29, 1978r
claimant was notified of his dismissal iram the
service. In subsequent handling of the dispute on the property, the Carrier's
Director of labor Relations advised the General Chairman on September
19, 1979:
"On September
5, 1978,
Claimant entered a plea
of 'Po'.Contest' Lnons County 0oosoa Pleas Court, to one
charge of drug trafficking, Ohio Revised Code
2925.03
(A)(1), case No*
at
T8-Go98
and was found guilty. on
October ITO
1978
Claimant appeared before the same Court
and was sentenced to
3-5
years., State of Ohio Department
Correction and Rehabilitation, suspended to
5
week-ends
in Lucas County Jail and 5 years probation, fined $500.00
and Court costs.
Case Nt
78-5891,
second charge o? Drug Trafficking
was none prosequi."
In the acme letter of September
19s, 1979,,
'he b'ier's Director
of labor Relations also advised the General Chairman:
"In
my
of
1978,
Carrier also learned that Claimant
was also arrested on July
30, 1976
by Parrysburg,
Ohio Police an charge of Possession Stolen Property,
cultivating Marijuana and Possession Marijuana.
On August 26, 1976, Claimant signed a plea agreement, Cultivating Marijuana was amended to Pervittiv
19, 1976,
the Court sentenced
Claimant to 10 days Hood County Jail, $200.00 Fine
and Costs for Possession Stolen Property, all days
suspended on condition no theft offense for
2
years,
and
$75.00
Fine and Costs four Permittive Drug Abuse."
Based upon the entire record, there is no proper basis
for the Board to interfere in the discipline imposed.
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 Bnployes involved in this dispute are
respectively Carrier and Ertployes within the meaning of the Railway Labor Act,
as approved June
21, 1934;
Award Number
23284
page
3
= Docket Number
CL-23363
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 ADJJSTMRNT BOARD
By Order
of Third
Division
ATTEST: -
Executive Executive Secretary
Dated at Chicagoq Illinois., this 15th day
of May 1981.