NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-25834
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Norfolk and Western Railway
Company:
Appealing the dismissal of R. E. Parker by letter dated June 15,
1983, as a result of investigation held on June 3, 1983."
OPINION OF BOARD: The Claimant an employee with three years of service with
the Carrier as a Signalman was advised through a hand
delivered notice dated February 16, 1983 that he was the subject of disciplinary action. Through a l
notified to attend a Formal Investigation concerning the following charge:
...
to determine your responsibility in connection with your
engaging in conduct unbecoming an employee of the Norfolk and
Western Railway Company on February 15, 1983 in that you were
arrested and incarcerated for having possession of a controlled
substance, making attempt to deliver a controlled substance and
contributing to the deliquency of two minor children, all on
February 15, 1983, in Livingston County, Illinois . ...
Subsequently, the Formal Investigation was postponed several times until it
was held on June 3, 1983. Shortly after the Formal Investigation, the Carrier
notified Claimant that he was dismissed from the Carrier's service. The
notification dated June 15, 1983 stated:
"Mr. R. E. Parker
As a result of formal investigation held on June 3,
1983 at St. Louis, Missouri, you are hereby dismissed from
all service with Norfolk and Western Railway Company.
Attached is a copy of the investigation transcript.
/s/T. L. Polley
Assistant Engineer, S&C"
The disciplinary action appealed by Claimant in this case was
imposed by the Carrier for a violation of Rule 1714 of the Norfolk 6 Western
Rules and General Rules of Conduct. This Rule states:
Award Number 25892 Page 2
Docket Number SG-25834
"1714. The conduct of any employee leading to conviction of
any felony, or any misdemeanor, involving the unlawful use,
possession, transportation, or distribution of narcotics or
dangerous drugs, or of any misdemeanor involving moral
turpitude is prohibited."
The Organization challenges the procedure undertaken by Carrier.
Specifically the Organization contends that the Carrier dismissed Claimant on
February 16, 1983 in violation of the Carrier's own Rule 701.
After reviewing the record we are satisfied that Rule 701 was not
violated. Claimant was not dismissed outright on February 16. Rather, the
record indicates, and the February 16, 1983 notice intones that Claimant was
being held out of service pending investigation and decision. We believe a
possible violation of Rule 1714 to be within the language of a "major
offense", and the Carrier's decision to hold Claimant out of service pending
investigation was clearly authorized by Rule 701.
Rule 1714's language is clear and its intent is obvious. A Carrier
involved in the transportation of goods or passengers must rely on its
employees to safeguard its own property, the well-being of all its employees,
as well as the property of others with which the Carrier is entrusted. After
reviewing the record we are satisfied that a finding of a violation of Rule
1714 by Claimant is supported by substantial evidence in the record. At the
Formal Investigation, Claimant could not dispute the fact that he had plead
guilty to a serious charge. Court documents included in the record indicate
that Claimant plead guilty to possession of 10 but not more than 30 grams of
marijuana with intent to deliver. Given the severity of this distribution
offense and the prohibitive language of Rule 1714, we are satisfied that this
conviction alone constitutes substantial evidence in support of a finding that
Rule 1714 was violated.
In light of the Carrier's well found policy which has been clearly
articulated through Rule 1714 and the totality of the facts contained in this
record, we see no basis for disturbing the Carrier's determination in this
case. The discipline of dismissal, although the most severe disciplinary
measure the Carrier possesses is appropriate in this case. Accordingly, the
claim is denied.
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
That the Agreement was not violated.
Award Number 25892 Page 3
Docket Number SG-25834
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. v - Executive Secretary
Dated at Chicago, Illinois, this 30th day of January 1986.