Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27303
THIRD DIVISION Docket No. MS-27606
88-3-87-3-29
The Third Division consisted of the regular members and in
addition Referee Jack Warshaw when award was rendered.
(Joe T. Moore
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
STATEMENT OF CLAIM:
"1. Carrier violated the agreement between the parties when it
arbitrarily, capriciously, and in a discriminatory manner dismissed Clerk J.
T. Moore from service following investigation held November 12, 1984.
2. Carrier shall, because of the aforementioned violation:
a. Reinstate Clerk Moore to the service with seniority and all
other rights unimpaired.
b. Clerk Moore's record shall be cleared and all other benefits
due him under the agreements shall be reinstated."
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 employees 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 were given due notice of hearing thereon.
Claimant was dismissed November 29, 1984, following an investigation
which was conducted in absentia on November 12, 1984, at which he was charged
with violating that part of Rule G-1 concerning immorality and violation of
the law, and the last paragraph of the General Notice having to do with public
judgment of the Carrier based upon conduct of its employees.
On October 29, 1984, Claimant pleaded guilty to one count of "...possession of controlled substa
of $410.25;" pleaded guilty to one count of "possession of more than 28 grams
of marijuana" and was sentenced to "one year and pay fine of $2,000.00." This
Form 1 Award No. 27303
Page 2 Docket No. MS-27606
88-3-87-3-29
was conditioned that "upon serving 150 days and payment of $612.25, the balance of the sentence
years."
In an October 29, 1984, letter addressed to the Terminal Manager
Claimant stated:
"I will waive any rights that I might have to
investigation and will accept any discipline that
the company might wish to impose... For this
reason I hope the company will see fit to act in a
lenient manner."
It is well established that an admission or plea of guilty obviates
the need for further evidence and supports the Findings. Second Division
Award 2787; Third Division Award 8310.
As the Board is not empowered to grant leniency it has no alternative
but to deny the claim. First Division Award 23852; Third Division Awards
25705, 25665, 22224.
A WAR D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. Def
-Executive Secretary
Dated at Chicago, Illinois, this 12th day of August 1988.