o V
.4ATIONAL MEDIATION BOARD
Public Law Board
No. 3063 Award No. 3.
PARTIES TO THE DISPUTE:
The Pittsburgh & Lake Erie Railroad and )
The Lake Erie and Eastern Railroad Companies. )
vs ) Case No. 4.
Brotherhood of Maintenance of Way )
Employes. )
STATE14ENT OF CLAIM:
Claim on behalf of J. Nowak that he be restored
to service as a B&B Painter and compensated for
all monetary losses sustained as a result of his
dismissal from the service of the Company on June
16, 1980, as a result of the hearing held at Pittsburgh, Pa., May 28, 1980.
OPINION OF THE BOARD:
The Claimant, J. Nowak, employed by the Carrier for six
and a half years as a Painter in its B&B Department was dismissed from service on June 16, 1980, for violating Rules D, G.
and J-1 of the Carrier"s General Rules and Rule 3002 of the
Penn Central Safety Rules for Maintenance of Way and Structures
Employes, which Safety Rules were adopted by PL&E. Formal investigation was held on May 28, 1980, in accordance with the
rules of the applicable- agreement, copy of the transcript was
made a part of the record. A careful reading of the transcript
indicates Claimant was given a fair and impartial hearing; he
was represented by three officers of his Organization, including his General Chairman; they were given the opportunity to produce witnesses, which they chose not to do; and, they were permitted to examine and cross-examine Carrier' witnesses.
J.
- 2 -
The applicable rules of Carrier's General Rules and
Safety Rules read as follows:
"D. Employees must devote themselves exclusively
to the Company's service while on duty.
"G. The use of alcoholic beverages, intoxicants or
narcotics while on duty or subject to duty;
being under the influence of alcoholic beverages, intoxicants or narcotics while on duty;
or possession of alcoholic beverages, intoxicants or narcotics while on duty, is prohibited.
"J-1. Employees will not absent themselves from duty
without proper authority.
"3002. . . . . . alcoholic beverages must not be
. used while on duty or within-8 hours before
reporting for duty."
The record is clear that Claimant was assigned to a
position with assigned hours from 7:30 A.M. to 4:OO.P.M., with
a scheduled lunch period of 30 minutes between 12:00 and 12:30
P.M.
On April 30, 1980, some time before 3:00 P.M., Claimant
was found by two supervisors away from his work location during
assigned working hours in Wagner's Bar drinking beer with a fellow employe from his work gang, this employee was also charged
similar to Claimant but resigned prior to the hearing. Claimant
testified in the hearing that he was aware of and understood the
meaning and application of Carrier Rules quoted above and further
testified that he violated these rules by being away from his
assigned work location and drinking beer while on duty.
The Carrier proved its case beyond any reasonable doubt.
This employee, as shown by his personal record which was
made part of the record before this Board, was suspended from.service on two previous occasions for similar violations, indicating
30&3-3
that the patience and compassion previously shown by the Carrier
for this employee was of no avail. For these reasons, the Board
will not disturb the discipline impossed.
FINDINGS:
Geof r;~' ~d,~ h
Labor f
em e
clay /y , 1982.
A. Robert Lowry
Chairman & Neutral
That the Agreement was not violated.
Claim denied.
Richard
e
Jones
Carrier Member