NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
MW-23989
Josef P. Sirefman, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF
CIAI24: "Claim of the System Committee of the Brotherhood that:
(1) The discipline of Track Foreman David Mannello for allegedly
'Bringing discredit to the Perm Central Transportation Company' on June
19,
1974
was arbitrary, unwarranted and without just and sufficient cause.
(2) The claimant's personal record be cleared of the charge leveled
against him and reimbursement be made for all wage loss suffered."
OPINION OF BOARD: Claimant David Mannello, a Track Foreman, was held out of
service on June
21, 1974
and charged with:
"Bringing discredit to the Penn Central Transportation
Company in that on June
19, 1974
you were arrested for
and charged.with felony drug possession by State and
Federal narcotics agents."
After resolution of the criminal charges, a hearing was held on September
15,
1976
and on November
15, 1976
Claimant was dismissed.
A review of the record before this Board establishes that Claimant was
arrested on the job at the place of business of a consignee of the Carrier on a
drug charge and that he pleaded guilty to a reduced misdemeanor charge of criminal
facilitation. Although his involvement was characterized as
peripheral by
the
Trial Judge who accepted his guilty plea, it remains nonetheless involvement in a
drug related episode. There is no need here to expand on the extreme seriousness
of any connection with narcotics. Coupled with the arrest on the premises of a
consignee there was substantial evidence to sustain the Carrier's decision to
discipline Claimant. That the Carrier has extended reinstatement on a leniency
basis cannot be part of the Board's consideration. Given the seriousness of the
infraction the penalty Vag reasonable.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole record
and all the evidence, finds and holds:
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
Award Number
24113
Page
2
Docket Number
rbI-23989
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
$y _"·ue~ [~
.Rosemarie Breech - Administrative Assistant
Dated at Chicago, Illinois, this 14th day of January
1983·