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 Tie Handler Operator F. C.
_OF
CLAIM: . Porter and Track Repairman J. L. Sapp for alleged
violation of
Rule
G,was without just and sufficient
cause and wholly disproportionate to such a charge
(System File 1-12(6) (79)).
(2) Tie Handler Operator F. C. Porter and Track
Repairman J. L. Sapp shall be reinstated with
seniority and all other rights unimpaired and comp
ensated for all wage loss suffered.
FINDINGS: Having heard reports of marijuana use and exper
ienced an unusual amount of vandalism in the area
near Brandenburg, Kentucky, where camp cars of a
large Timbering Gang were located, Carrier assigned
Assistant Inspector of Special Services Miller to
~3~3-AWo 3~
observe the cars on the night of December 27, 1978. Mr. Miller
was joined in the stake out by Kentucky State Trooper McCubbin.
In the course of the night, a pickup truck parked
in the vicinity of the camp cars. Upon confronting the occupants,
Messrs'. Miller and McCubbin found that claimant Porter was the
owner and driver while claimant Sapp sat next to Mr. Porter in
the truck and had a bag of marijuana in his hands. Claimants were
arrested and subsequently convicted and fined $25 each for marijuana possession.
Claimant Porter, an employe with 44 years of service and claimant Sapp, with about 4 months service, were dismissed
from Carrier's service. .We find no sound basis for reversing that
decision.
AWARD: Claim denied.
_ Ado ted at Louisville, Kentucky, February 27, 1981.
Harold M. Weston, Chairman
Employe Memb