PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9305)



(1) The Carrier violated Rule 27 and others of the Clerks' General Agreement when on October 18, 1978 they did wrongfully discipline Mr. Rosario Rodriquez by dismissing him from service.

 (2) Clerk Rodriquez be restored to service with all rights unimpaired, his record be made clear and that he be compensated for all wages lost, including overtime, as a resultof the Carrier's actions.

(1) The Carrier violated Rule 27 and others of the Clerks' General Agreement when on October 31. 1978 they did wrongfully discipline Mr. Hosea L. Crymes by dismissing him from service.

 (2) Clerk Crymes be restored to service with all rights unimpaired, his record be made clear and that he be compensated for all wages lost, including overtime, as a result of the Carrier's actions.

(1) The Carrier violated Rule 27 and others of the Clerks' General Agreement when on November 2, 1978 they did wrongfully discipline Mr. Henry Weatherspoon by dismissing him from service.

 (2) Clerk Weatherspoon be restored to service with all rights unimpaired, his record be made clear and that he be compensated for all wages lost, including overtime, as a result of the Carrier's actions.

 OPINION OF BOARD: On September 4, 1978, the Labor Day holiday, the three
 Claimants were observed by a Carrier Officer in charge of its Trailer Service Operation at Forest Hill, Chicago, Illinois, watching a baseball game on television and in possession of intoxicating beverages, e.g., beer, while on duty and under pay at Carrier's offices.

 While a number of arguments have been advanced as to whether they were in fact in possession of the partially consumed bottles of beer, it is unquestioned
                      Docket Number CL-23799


that they were the only three employes in the office when the Carrier Officer made his observations and called for a police officer to witness and photograph his findings. There is no doubt from reading the transcripts of the three separate investigations that Claimants were guilty as charged of being in possession and consuming intoxicating beverages while on company property and on duty.

 The Board has also carefully considered the arguments of the Brotherhood that Claimants had been denied benefit of a fair and impartial hearing, that the hearing officer was biased, partial and incapable of affording Claimants a fair investigation, and Carrier failed to meet its burden of proving Claimants guilty of the charges. We find no evidence of record to support such contentions.

 We agree with Carrier that substantial discipline is warranted, but in view of the fact two of the Claimants each had 10 years of service, with the third but four years of service, and this was their first offense of record, we believe the discipline that will have been served up to the date of this Award should be sufficient to have served its purpose in having Claimants recognize that drinking while on duty, even if it be but one beer., is a serious offense. Accaadinglyj, Claimants will be reinstated to service with seniority and all other rights unimpaired,but without payment for time held out of service.

        FImINGs: The Third Division of the Adjustment Board, upon the whole record and all the aridence, 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 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the discipline was excessive.


                        A W A R D


        Claim sustained in accordance with the Opinion.

                      Award Number 24227 Page 3

                      Docket Number =02" -.


                            NATIONAL RAIIROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest: Acting Executive Secretary
 National Railroad Adjustment Board

 BY
        RRosem~arie

        osemarie Brasch - Administrative Assistant


Dated at Chicago, Illinois, this 14th day of march 1983·