Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27085
THIRD DIVISION Docket No. CL-27378
88-3-86-3-614
The Third Divi,ion consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(Britherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10119) that:
(a) Carrier violated the current Clerks' Agreement at Clovis, Texas,
when on July 8, 1985, it dismissed C. D. Miller, Jr. from service, and
(b) Facts developed at the formal investigation held on July 8,
1985, failed to sustain Carrier's alleged charges and did not justify or
warrant the harsh penalty imposed, and
(c) C. D. Miller, Jr. shall now be reinstated to service of the
Carrier with all rights unimpaired and paid for all monetary loss sustained as
a result of being discharged on July 8, 1985, until reinstated, his personal
record cleared of all charges, and
(d) C. D. Miller, Jr. shall be paid an additional twelve per cent
per annum until claim is paid."
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.
The Claimant was arrested on duty on March 19, 1985, and charged
with possession of marijuana with intent to distribute. On June 7, 1985, he
pleaded guilty to a charge of possession of marijuana over one ounce, but less
than eight ounces, and received a one-year deferred suspension and a fine of
$25. On June 25, 1985, he was notified to attend a formal investigation into
Form 1 Award
No. 27085
Page 2 Docket
No. CL-27378
88-3-86-3-614
his alleged violation of Rules 2 and
16 of
the General Rules for the Guidance
of
Employes,
1978,
relati ig to the bringing of discredit to Carrier and engaging in dishonest and immoral conduct.
in violation of Rule 16 and was removed from service. Claimant's past record
over a ten-year period includes a total of seventy-five demerits and a prior
discharge in
1984
for a violation of Rule
6,
with a subsequent reinstatement.
The Board has reviewed the entire record of this case, including the
question of whether Claimant's investigation was held in a timely manner, and
concludes that Carrier complied with pertinent procedural requirements of the
parties' Agreement. At the same time, we find sufficient evidence in the
record to support the charges against Claimant. Claimant was in fact guilty
of unlawful conduct, having been found in possession of an illegal drug on
Carrier property. In light of his past record, the discipline imposed in this
instance was neither arbitrary nor capricious.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ftx
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 17th day of May 1988.