Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26760
THIRD DIVISION Docket No. MW-26572
88-3-85-3-319
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
(Southern Region)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The thirty (30) days of suspension imposed upon Laborer J. F.
Chaney for alleged 'possession and consumption of intoxicants
...
on May 30,
1984 and conduct unbecoming an employee
...
on May 31, 1984' was without just
and sufficient cause, on the basis of unproven charges and excessive (System
File C-D-2375/MG-4749).
(2) The claimant's record shall be cleared of the charged leveled
against him and he shall be compensated for all wage loss suffered."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
Following an investigative hearing, the Claimant was assessed a
30-day disciplinary suspension on the following charges:
"You have been found at fault for consumption
of intoxicants near Julian, W. Va., on May 30,
1985, and for conduct unbecoming an employee
near McCorkle, W. Va., on May 31, 1984."
A review of the record of the investigation provides full support
for the action of the Carrier in this matter. A fellow employee reported to
the Foreman that he had observed the Claimant, while on duty, packing ice
around beer in his lunch cooler. On the following day, as shown by testimony
of others and the admission of the Claimant himself, the Claimant "roughed up'
Form 1 Award No. 26760
Page 2 Docket No. MW-26572
88-3-85-3-319
the fellow employee, apparently based on his report to the Foreman the previous day. The Foreman
that he had consumed some of the beer. There is no basis to dispute the conclusions reached by the C
was appropriate.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
i
Attest:
Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 15th day of January 1988.