AJca$D NO. L31
Case No.
GJ8
PUBLIC LAW BOARD 0. 138.2
PA='S) AVMISON, TOPEKA AND SANTA FE. UILWAY C012AITY
l.0: )
DISPLM)- BROTEEE$OOD- OF i?AI2IADTCE OF WAY EI?PLOYEES
.
STATMM'IT OF CLAM.
That the Carrier's decision to remove Southern Division Tracionan
N. Brows, Jr. from: service was unjust.
That the Carries now reinstate Claimant Brown with seniority,
vacation, all benefit rights uaimaaired and pay for all wage loss
ass result of investigation held September 30, 1983
continuing
forward and/or otherwise made whole, because the Carrier did not
i=tiaduca substantial, creditable evidence that proved that the
CTaimaat violated the rules enumerated is their decision, and even
if
flaima_r
violated the rules enumerated in the decision, permanent removal. from service is estzeme and harsh discipline under the
c1resmstances
MTDT:TGS:. This.Public Law Hoard Uo. 1582 finds that tae parties
ze_' -'are Carrier ands^,mployee- within the meaning of the- Railway
Labor Act, as amended, and that-, this Boar3 has jurisdiction.
is this dispute the claimant was charged with possession of marijuana on Company, property and for. smoking marijuana shout once a
week oxr.Company property for three years.
'Me
claimant contends that special. Officer J. G. Beatty had advised
hi=,. that if he
made a statement and signed it, he would go easy on
him; otherwise, he would lose
his
job. The claimant testified that
for th is reason., he signed the statement.
I
Whea the claimant signed the statement, he was advised of his rights
which.
included: .(l~ the right to remain silent; (Z) any statement
could be used against him; (3) he ?lad the right to have a lawyer
present; (4)
if he
was uaahle to. employ a lawyer, lie had the
right
to have a lawyer appointed; (5) he. had the right to terminate the
interview at any time.;
The signed statement.of the claimant stated that he had started
smoking marijuana when he got out of high. school and it became a
habit which carried over when he started to work for the Santa Fe
Railroad Company. The c Iz°ixant stated that he knew that smoking
marijuana-was against Santa re rules. 'He further stated that e,
had- been smoking marijuana on Santa Fe property w-4.th other Santa
Fe employees since 1979.
Ls - 1582 - 1
rS93a - Award
No.. 251
Page 2
The claimant.'s signed statements which. were introdtdcad into evidence are sufficient. for the Carrier to find that tae claimant
was guilty. This is a serious offense, and many Syxtem Boards
of Adjustment have held that such constitutes just crause for
dismissal.
AWARD: Clasm denied.
restoa ~: ore,
Vnion member
r . . dem er '
s
Dated
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at CUcaqar =11inais-