Award No. 49 Case No. 25

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 Foreman J. L. Downs was
OF
CLAIM : without just or sufficient cause and wholly
disproportionate to the offense with which
charged.
2. Claimant shall be reinstated with all other
benefits and remedies of Rule 27(f). .
FINDINGS: Claimant was dismissed for using and possessing
intoxicants while on duty. The Testimony of
Division Engineer Lanin is that his eyes were
blood shot, red and blurry and that the odor
that"surrounded him" is associated with "heavy
drinking." The Division Engineer testified
further that claimant was incoherent and not
in proper control of his senses. Roadmaster
Sandefur corroborated that testimony in essential
_ 2

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particulars and Assistant Division Engineer Permar testified that cold beer was found in claimant's possession while on Company property and time.

While claimant denied being guilty of these infractions, the above testimony is credible and substantial and adequately supports Carrier's findings. No sound basis is perceived for setting aside the discipline imposed on claimant, under the principles and practices of Adjustment Boards in this industry.

AWARD: Claim denied.

Adopted at Louisville, Kentucky,

~.zc~n ~'~, 1979.

ItaforWM. Weston, airman

garri er Member Employe Member