PUBLIC LAW BOARD N0. 3460
Award No. 4
Case No. 4
PARTIES Brotherhood of Maintenance of Way Employes
TO and
DISPUTE Burlington Northern Railroad Company
STATEMENT "Claim of the System Committee of the Brotherhood that:
OF CLAIM
(1) the dismissal of Assistant Foreman T. V. Wherry July 24,
1980, was without just and sufficient cause and wholly
disproportionate to the alleged offense.
(2) Assistant Foreman T. V. Wherry be reinstated with all
seniority and other rights unimpaired and be compensated
at his applicable rate for all time lost commencing June
18, 1980."
FINDINGS
Upon the whole record, after hearing, the Board finds that the parties herein are
Carrier and Employees within the meaning of the Railway Labor Act, as amended,
and that this Board is duly constituted under Public Law 89-456 and has jurisdiction of the parties and the subject matter.
Claimant was working as an Assistant Foreman on an extra gang on June 18, 1980.
On that date, Carrier officers together with some law enforcement officers were
conducting~a check for marijuana when the group arrived at claimant's job site.
Claimant was observed by three of the officers reaching into his pocket and
dropping a small container on the ground. The container was retrieved and later
found to have contained two marijuana cigarettes. Subsequently claimant was
charged and dismissed for violation of Carrier's Rule G which prohibited the
use or possession of alcoholic beverages or narcotics while on duty on Company
property. The record of the investigation in this case indicates that there was
substantial evidence to support Carrier's conclusion that claimant was in possession of the prohibited substance while on duty. He was seen dropping the material from his pocket at the time. There is no doubt but that he was in violation
of Carrier's Rule G since marijuana is clearly a substance which is forbidden on
Company property.
3y~o- '~
-.2 -
AWARD
Claim denied.
I. M. Lieberman, Neutral-Chairman
F. H. Funk, Employe, Member W. Hodynsky,/Carripr Member
St. Paul, Minnesota
September 30 , 1984