Public Law Board No. 2363
PARTIES Brotherhood of Maintenance of Way Employes
_TO ' '
DISPUTE: and
Louisville and Nashville Railroad Company
STATEMENT 1. The suspension and subsequent dismissal
OF
CLAIM: of Foreman D. F. Martin was without just or
sufficient cause and was extremely dispropor
tionate to offense with which charged.
2. Claimant Martin shall be reinstated to
service with seniority unimpaired and with pay
for all time lost.
FINDINGS: Claimant was the foreman of the four trackmen
whose dismissals were sustained by this Board
in Award No. 1. In that Award we found that
marijuana, codeine, a narcotic smoking pipe and
whiskey were discovered in the lockers of those
four track repairmen. It was also established
in that case that numerous beer cans, filled
and unfilled, were scattered in that track gang's camp car and
the surrounding area.
While there is no suggestion that Claimant
Martin was involved in that misconduct, we find no persuasive
ground for substituting our judgment for that of Carrier in
this matter. Without question,, claimant was remiss in failing
to report the condition of the camp car.
AWARD: Claim denied.
Adopted at Louisville, Kentucky, j~rrc.~,-
lo) 1979.
c
H r d M. West n, Chairman
Parrier Member _Employe Member