Public Law Board No. 2120
International Brotherhood of Electrical Workers
and
The Norfolk and Western Railway Co.
STATEMENT OF CLAIM
: Claim on behalf of Electrician R. D. Entsminger
that he was unjustly dismissed by the Carrier
on September 4, 1979. Accordingly, he should be
restored to service with all benefits, seniority
and vacation unimpaired.
DISCUSSION:. This Public Law Board finds that the parties are
Carrier and Employee within the meaning of the Railway Labor Act, as
amended, and that this Board has jurisdiction.
It should be noted that Mr. Entsminger appeared before
t '
this Board and was given complete freedom to testify on his own behalf.
There is no dispute with respect to the facts in this
case. Claimant was convicted in the Circuit Court of the City of
Roanoke, Virginia, on three counts:
1. Posession of marijuana
2. Possession of stolen property
3. Posession of controlled substance with intent
to distribute
On August 28, 1979, Mr. Entsminger notified the company
of the Court decisions made on the previous day. In accordance with
contractual provisions, the Carrier held an investigation and hearing on
August 30, 1979. The investigation was conducted in accordance with past
y - PLB No. 2120 -2- Award No. 21
practice and all parties were freely allowed to participate. The Court
documents and judgments were entered in the record. Claimant testified
to their accuracy. Following the investigation Mr. Entsminger was
notified by letter dated September 4, 1979, of the decision herein
complained of.
In assessing penalty the Carrier relies upon a regulation
governing the conduct of its employees which reads as follows:
"The conduct of any employee leading to conviction
of any felony, or of any misdemeanor involving unlawful use, possession,
transportation or distribution of narcotics or dangerous drugs, or any
misdemeanor involving moral turpitude is prohibited."
It is clear that claimant violated the rule. The crimes
are of a serious nature and dismissal is well within the bounds of
reason for such convictions. The Carrier 's rights in this regard have
been upheld by numerous Board decisions. The most recent were National
Railway Adjustment Board, Second Division, awards numbered 8237 and 8205.
These awards were on Norfolk and Western property and dealt with the
same regulations. -
Based on the foregoing and the entire record, this Board
must deny the claim.
AWARD: Claim denied.
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Kay Mc urra , hairman 6Aeutra1 ember
V. T. Wil ns, Employee Membei W. L. Allman, Jr., Carrier Member