" NATIONAL RAILROAD AWUS240T BOARD
Award Aaber
23411
TRIM DIVISION Docket Number
Mw-234$3
Paul C. Garter, Referee
(Brotherhood of maintenance of way Employee
PARTIES TD DIBPUrE:
(National Railroad Passenger corporation
STAN O' CLAIM
: "Main
of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman Walter M. Wadsworth was without just
and sufficient cause and wholly disproportionate to the charge leveled against
him (Carrier's File NBC-MW-SD-71D).
(2)
Trackman Walter M. Wadsworth shall be reinstated with seniority
and all other rights unimpaired and compensated for all wage loss .uttered."
OPINION OF BOARD: The record shows that claimant entered Carrier's service on
August
15, 1977,
as a trackman.
The Carrier states that, acting on an anonymous tip, Amtrak Police
began investigation into the possible possession, use and dealing of controlled
drugs at the Attleboro Camp Car Facility, Attleboro, Massachusetts. It contends
that on May
15
and
16, 1979,
Amtrak Police observed the claimant selling drugs
to employes at the camp car facility from the trunk of his car. About
3:30
P.M.,
May
23, 1979,
claimant was observed leaving the camp cars and going to the trunk
of his car. Claimant removed a plastic bag, placed it in his left front pocket,
and attempted to drive his automobile from Carrier's property. He was at that
time arrested by the Amtrak Police. At the time of his arrest, claimant was
searched and found to have in his possession one ounce of marijuana, and a search
of his car revealed three more one-ounce bags of marijuana. The four ounces were
sent to the Massachusetts Department of Public Health, Food and Drug Division, for
analysis. On June
13, 1978,
that agency reported that the substance had been
analyzed and identified as marijuana.
On June
8, 1979,
claimant was notified to appear for a formal trial at
11:00 A.M., June
14, 1979,
on the charge:
"Violation of Safety Rule No. 4002 which states: 'Narcotic
medication, controlled drugs and/or alcoholic beverages must
not be used by or be in the possession of any employe while on
duty or within eight hours before reporting for duty' and violation of Rule I which states: 'Employe
in the service who are insubordinate, dishonest, immoral, quarrelsome or otherwise vicious or who do
in such a manner that the Company will not be subjected to
criticism and loss of good will...' in that you were placed
under arrest for possession of drugs or narcotics on May
23,
1979
at Attleboro yards, Attleboro, Mass."
f
Award Number 23411 page 2
Docket Number Mb1-23483
Claimant and his representative appeared at the time stated and
claimant signed a waiver to any right "I may have to a trial by the National
Railroad Passenger Corporation for the following
(Charge shown as quoted above)
and concluded his statement: "I am guilty as stated."
The claimant's representative signed the waiver of trials as a
witness thereto.
On June 210 19'(9, claimant was dismissed from service.
I
In view of claimant's admitted guilto
which was
at his ril there
is no
proper basis for disturbing the action of 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;
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 210 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:
Executive Secretary
i
Dated at Chicago, Illinois, this 3rd day of November 1981. ~~ J 1
j;~j
c.