Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31844
Docket No. SG-32250
96-3-95-3-68
The Third Division consisted of the regular members and in addition Referee
Elizabeth C. Wesman when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Belt Railway Company of Chicago
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of Railroad
Signalmen on the Belt Railway Company (BELT):
Claim on behalf of E. Hosty for reinstatement to service with seniority
unimpaired and with payment for all lost time and benefits, account
Carrier violated the current Signalmen's Agreement, particularly Rule 52,
when it failed to provide the Claimant with a fair and impartial
investigation and imposed the harsh and excessive discipline of dismissal,
in connection with an investigation conducted on January 19, 1994.
General Chairman's File No. 94-01-BRC. BIZS File Case No. 9508BELT."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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.
Form I Award No. 31844
Page 2 Docket No. SG-32250
96-3-95-3-68
Prior to his dismissal, Claimant was a Signalman with approximately 18 months'
seniority. On December 22, 1993, Claimant was required to give a urine sample for
testing under the random drug testing provisions of Tide 49 CFR, Part 219. The sample
tested positive for the presence of marijuana metabolites. Claimant was removed from
service pending an Investigation. The investigation was held on January 19, 1994, and
Claimant was subsequently dismissed from Carrier's service.
In his testimony during the Investigation, Claimant admitted knowing the Rules
contained in the BRC's Book of Rules. At that time, he also acknowledged that he was
aware that consumption of marijuana was a violation of Rule "G". In view
of
Claimant's short tenure with Carrier, and the gravity
of
his offense, we see no reason
to disturb Carrier's assessment
of
the ultimate penalty
of
dismissal. Affording Claimant
a "second chance" under these circumstances is not warranted.
AWARD
Claim denied.
ORES
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 26th day of December 1996.