Public Law Board No.- 2363
PARTIES Brotherhood of Maintenance of Way Employes
TO
DISPUTE: and
Seaboard System Railroad, formerly L & N
STATEMENT 1. The dismissal of M. L. Finney, Track Repairman,
OF
CLAIM: for alleged possession of marijuana was without
cause and excessive.
2. Claimant shall be restored to service with all
rights unimpaired and compensated for all wage
loss.
FINDINGS: Claimant was arrested in Franklin County, Tennessee
police on charges of possession of marijuana. He
pled guilty to those charges in the County Court
and was given a $250. fine and sentenced to serve
11 months- 29 days. Probation was granted on the
sentence.
On the basis of those facts and a hearing conducted
by Carrier, claimant was subsequently dismissed from Carrier's ser
vice. He had been in Carrier's employ for 3$ years. It is Peti
tioner's position that dismissal is excessive discipline in these
circumstances.
We find no basis on this record for substituting
our judgment for that of Carrier.
2
X363- `'~° ~°°
AWARD: Claim denied.
Adopted at Jacksonville, Florid 1985.
Ha Yd M. West(o , Cha3'rman
arrier Member Employee Member