Public Law Board No. 2363
PARTIES Brotherhood of Maintenance of Way Employes
_TO . .
DISPUTE: and
Louisville and Nashville Railroad Company
STATEMENT 1. The dismissal of Track Repairmen J. P.
_OF
CLAIM: Sanders, S. T. Rubenacker, L. G. Gaff and S.
L. Dodson was without just or sufficient cause
and was extremely disproportionate to the of
fense with which charged.
2. Claimants Sanders, Rubenacker, Goff and
Dodson shall be reinstated to service with
seniority rights unimpaired and with pay for
all time lost.
FINDINGS: Claimants, trackmen with from two to five years
service, were dismissed from Carrier's service
for violating Rule G's prohibition against the
use and possession~of intoxicants or narcotics.
2
There is substantial credible evidence in the
record that. a search made of claimants' lockers in the Camp
car reserved for their use by Carrier as away-from-home accommodations established that a beer bottle containing marijuana and .
three codeine pills as well as a marijuana smoking pipe were
found in Dodson's locker, marijuana seeds and packages of smoking
papers in Sanders' locker, a marijuana butt in Goff's locker
and a partially filled bottle of whiskey in Rubenacker's locker.
Numerous beer cans, some of which were full, were also found in
the car. The investigation of the car was prompted by the discovery of the beer cans and marijuana or hashish pipe hanging
on the inside of a window of the camp car.
Carrier's findings that the lockers in which
these.items were found were assigned to and used by claimants
is supported by the evidence and we find claimants explanations
as to absence from the cars during the material times unpersuasive. We also are unimpressed by evidence that Dodson's-dentist .
had suggested the use of codeine to ease the pain resulting from
dental work. The prohibition against possession of intoxicants
or narcotics is a reasonable exercise of managerial authority,
particularly in view of Carrier's enormous and farflung responsibilities. -
No prejudicial procedural error is disclosed
by the record. -
3
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_,~o I
AWARD: Claim denied.
Adopted at Louisville, Kentucky,
L)ZZ4r6P-V
t o~ 1979.
Har 1 eston, a' man
Employe Membe