PUBLIC LAW BOARD N0. 1582
PARTIES) THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: 1. That the Carrier violated the Agreement when
Albert
1Tso
was_cT'ismissed from the service on charges not sustained by
the record, said dismissal being harsh, excessive and disproportionate
to the offense allegedly committed.
2. That Albert Tso be restored to the service with seniority, vacation and all other rights unimpaired and be compensated for loss of
earnings subsequent to May 30, 1973.
FINDINGS: This Public Law Board No. 1582 finds that the parties
herein are Carrier and Employee within the meaning of the Railway
Labor Act, as amended, and that this Board has jurisdiction.
In this dispute the claimant was dismissed from the service of the
Carrier for being intoxicated while subject to duty. The Organiza
tion contends that dismissal is too severe and that the Carrier pre
judged the guilt of the claimant. -.
At the outset, the Board has examined the evidence of record, and the
evidence is overwhelming that the claimant was guilty as charged. We
have examined the evidence presented by the Organization in behalf of
pre-judgment and find that it is lacking. There is no evidence to
show that the decision was made on other than the evidence produced
at the investigation. The claimant entered the service of theCarrier
October 19, 1970. He had worked previously for approximately seven
years but had not acquired any seniority. The claimant has been reinstated on a leniency basis for the same offense (Rule "G"). There
is no basis for this Board to overrule the decision of the Carrier.
AWARD: Claim denied.
Presto . Moore, Chairman -
Orga zati_on Mem er
September 12, 1975 Carrie em er