PUBLIC LAW BOARD N0. 1582
PARTIES)) ATCHISON, TOPE'?. AND SANTA FE TRAILIWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY MIPLOYEs
STATEP-1ENT OF CLAIM: That the Carrier's decision to dismiss Machine Operator Roger Lee Casey on August 24, 1954 was in violation
of the current Agreement anti in abuse of discretion; The Carrier
will not be required to reinstate Mr. R. L. Casey to his former
position with seniority and all other rights restored unimpaired
and with compensation for all wage loss suffered.
FINDINGS: This Public Law Board No. 1582 finds that the parties
:er~re Carrier and employee within the meaning of the Railway
Labor Act, as amended, and that this Board has jurisdiction.
In this dispute the claimant had been employed as a tracia.-un in
1979. On August 17, 1984 the claimant was operatiad a tie-handling machine and was in the procass of moving the machine along
:with the remainder of the equipment assign=d to the Gan,-, to the
work location for the day. The sang had stopped an:i the claimant
removed himself from the Tie-Fandler and was standing beside it.
"Ma claimant was notified to atten.44 a formal investigation on
August 24, 1984. The claimant was charged with possible violatio
of Rules 2 and 6, General Rales for the Guiaa-a of Employes 1978
Form 2626 Standard, =n connection witz his allegedly :laving in his
possession a bag of marijuana while employed as a ~aachine operator
or. Tie Gang 31 in the vicinity of M.P. 40 on the C. V. District
August 17, 1984. The investigation was held as scheduled and psrsuant to the investigation the claimant was found guilty and
.lid- .
·missed from the service of the :artier.
'he claimant admitted having possession of the bag of marijuana,
but claims he found a small plastic bag laying just inside the rail
and when he picked it up and put it in his pocket, the Carrier's
Assistant Roadmaster approached him and asked him to hand aim tie
bag. The transcript of record contains 32 pages of testiL:oay -~Jhizn
has been studied by the Board. After review of all the evidence,
it is tae qpinion of the Board that the Carrier is justified in its
decision. *There is no basis to overrule the decision of the Carrier.
AWARD: Claim denied.
r
· 4
Preston J~. ;tioore. G.-Lairaan
Date at Chicago, Illinois
August 19,1985
Union r.1e=er
Carrier
,.,e.gher