PUBLIC LAW BOARD NUMBER 3445
Award Number: 24
Case Number: 24
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
And
SOUTHERN RAILWAY COMPANY
STATEMENT OF CLAIM:
Bridge Operator. John Btasseal2, Route 3, Box
999, Somerville, Alabama. 35670, was dismissed
for alleged conduct unbecoming an employee.
Employees request he be restored to service with
seniority and vacation rights unimpaired.
FINDINGS:
On September 28, 1983, Claimant entered a plea of guilty to
the felony charge of possession of a controlled substance, and
was convicted of that offense in the Circuit Court for Morgan
County, Alabama. Claimant was later sentenced to twenty days in
confinement and given probation.
As a result of this incident, Claimant was charged with
conduct unbecoming a carrier employee.
A
hearing was held in
order to investigate the charge, and on the basis of the evidence
adduced during the investigation, Carrier determined that
Claimant was culpable as charged and that he should be
PLB No. 3445 ' '
Award No. 24
Case No. 24
dismissed. The organization filed a claim protesting Carrier's
actions and requesting that Claimant be returned to service with
seniority and other rights unimpaired, and with pay for all time
lost. The claim was denied at all levels of appeal on the
property, and the organization then submitted the matter to this
Board for resolution.
The issue to be decided in this dispute is whether Claimant
was dismissed for just cause; and if not, what should the remedy
be.
The record shows that Claimant, whose work record was clear,
did indeed plead guilty to charges of possessing marijuana and
amphetamines. Possession of such substances is clearly conduct
unbecoming a Carrier employee. However, it is the opinion of
this Board that the penalty of dismissal was overly harsh and
excessive under all the circumstances. While the offense was a
very serious one, Claimant's termination shall be reduced to a
lengthy suspension. Upon his return to service, Claimant will be
afforded a final opportunity to prove that he can be a productive
member of Carrier's workforce.
_2_
PLB No. 3445
Award No. 24
Case No. 24
AWARD:
Carrier shall reinstate Claimant to his former position
immediately with full seniority, but with no pay for time lost.
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Neutral Member
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Carrier Member
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Organization Member
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