NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-25158
Eckehard Muessig, Referee
(Brotherhood of Railway, Airline and Steamship Clerks
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9750) that:
1. Carrier violated the Agreement Rules, particularly Rule 21, when
it dismissed Mr. R. E. Rhodes from its service, and,
2. Carrier shall now be required to return Mr. Rhodes to its service
with all rights unimpaired and compensate him for all lost time including compensation
for any and all fringe benefits he has been deprived of under any group health,
dental and life insurance plans now in effect for clerical employes on this
property.
OPINION OF BOARD: The Claimant was dismissed from the service of the Carrier,
after investigation, on the finding that his conduct was
unbecoming an employee, by being in the possession of marijuana and L. S. D. and
selling marijuana to two youths on September 4, 1981.
While the Board is not unmindful of the Organization's assertions, in
its advancement of this claim, we find that Carrier has met its burden with
respect to the charges. This Division has held on numerous occasions that
dealing in drugs is a serious matter that may result in numerous adverse consequences
with respect to the health and safety of Carrier's employes and the public.
Given the facts of record, there is no proper basis for interfering with the
discipline imposed by the Carrier, and the claim is denied.
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 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
s
Award Number 25032 Page 2
Locket Number CL-25158
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy Jr - Executive Secretary
Dated at Chicago, Illinois, this 26th day of September 1984.
El
~D
NOV 5 1984
Office-