PUBLIC LAW BOARD - NO. 3514
Case 50 Award 50
PARTIES Consolidated Rail Brotherhood of Maintenance
to Corporation and of Way Employes
DISPUTE:
STATEMENT OF CLAIM: That Trackman R. Angersback was unjustly
dismissed from the service, and that he be reinstated to service
with seniority rights and other benefits unimpaired and with
compensation for all time lost while out of service.
FINDINGS: In this dispute., the Carrier, pursuant to an investigation, dismissed the Claimant for a violation of Rule G.
The Carrier relied upon the testimony at the hearing to
conclude that the Claimant was observed by its officials to be
behaving in a manner, which it maintains, is associated with a
person under the influence of alcohol.
The Board has examined the transcript of record and finds that
the evidence is clear and convincing that the Claimant is guilty of
the charge as contended by the Carrier. This is the second offense
of this nature by the Claimant within a three-month period. Under
the circumstances here, there is no justification to overrule the
decision of the Carrier.
AWARD
The claim is denied.
F.,y. Domzal-s
1
Eckeh d Mues q J. P. Cassese
Carrier h r Neutral Me er Employee Member
APR 11 1985